MANAGER, NATIONAL INSURANCE CO. Vs. PALANI

JUDGEMENT

(1.) Challenging the impugned award passed by the Motor Accident Claims Tribunal, Special Sub-Court No.1, Small Causes Court, Chennai in MCOP No.3176 of 2016, dtd. 22/11/2023, the appellant/2nd respondent insurance company preferred this Civil Miscellaneous Appeal.

(2.) The case of the 1st respondent/petitioner is that on 9/4/2015 at about 06.30 a.m. while he was walking along the Ambattur Road, near Sai Apartment towards Canara Bank bus stop, at that time, a car bearing Regn. No. TN-39 AV8554 was coming from the same direction, dashed him and caused an accident. Due to which, the he sustained grievous injuries, for which he underwent treatment in the hospital. Under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation of Rs.80,00,000.00.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of oral and documentary evidence, came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the rider of the 2nd respondent. Having come to such a conclusion, the Tribunal fixed the total compensation payable at Rs.12,62,000.00 under various heads as follows: