RELIANCE GENERAL INSURANCE CO. LTD Vs. R. NAGAPPAN

JUDGEMENT

(1.) Feeling aggrieved by the Award, dated April 12, 2022 passed by the 'Motor Accidents Claims Tribunal, Chennai (IV Court of Small Causes, Chennai)' ['Tribunal' for short] in M.C.O.P. No.4292 of 2014, the Second Respondent therein/Insurance Company has preferred C.M.A. No.1305 of 2023 praying to set aside the Award, while the Petitioner therein has preferred Cross-Objection No.77 of 2023 praying to enhance the Compensation. This Common Judgment will now decide both, the Civil Miscellaneous Appeal and the Cross-Objection.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Motor Accident Claim Original Petition. Petitioner's case:

(3.) On March 23, 2014 at about 9.00 a.m., while the Petitioner was travelling as an Occupant in a Car bearing Registration No. TN-21-AY-1697 on Chithamoor to Maduranthagam Road near Nethapakkam Aattai Company, the Driver of the Car drove it in a rash and negligent manner endangering the Public safety, and suddenly applied the brakes. As a result, the car capsized. The Petitioner sustained grievous injuries. At the time of accident, the Petitioner was aged about 30 years and was a Mason by profession earning a sum of Rs.600.00 per day. According to the Petitioner, the accident occurred only due to the rash and negligent driving of the Driver of the Car. The 1st Respondent is the Owner of the Car involved in the accident, while the 2nd Respondent is its Insurer vide Policy No.C1212532311000032 with validly for the period from June 13, 2013 to June 12, 2014 i.e., it was valid on the date of accident. Hence, both the Respondents are liable to pay Compensation to the Petitioner. Accordingly, the Petitioner filed the Claim Petition before the Tribunal seeking Compensation of Rs.98,00,000.00 (Rupees Ninety~Eight Lakhs only) along with Interest and Costs.