NATIONAL INSURANCE CO. LTD Vs. C. RAJKUMAR

JUDGEMENT

(1.) The Civil Miscellaneous Appeal (CMA No.1183 of 2023) has been filed by the Appellant-Insurance Company (Bajaj Allianz General Insurance Co. Ltd.) to challenge the Award passed by the Motor Accident Claims Tribunal in M.C.O.P. No.577 of 2016 on the file of the Motor Accident Claims Tribunal (Sub-Court), Coimbatore.

(2.) On 29/5/2013, the First Respondent, C. Rajkumar, was travelling as an occupant in a Hyundai Verna Car bearing Registration No.TN-57-AF 4883, on the Trichy-Dindigul Road, near Mullaipadi. At that time, a Private Bus bearing Registration No.PY-01-BG-2799, owned by the Third Respondent and insured with the Appellant-Insurance Company, and driven by the Second Respondent, came in the same direction and, being driven in a rash and negligent manner, hit the car in which the First Respondent was travelling. As a result of the collision, the First Respondent sustained Grievous injuries, including bilateral Femur fractures, multiple Rib fractures, and Subarachnoid hemorrhage, which led to substantial Medical treatment and expenses. The injured Claimant filed M.C.O.P. No.577 of 2016 before the Motor Accident Claims Tribunal, Sub-Court, Coimbatore, seeking Rs.1.00crore as Compensation.

(3.) In its Counter, the Appellant-Insurance Company contended that the accident occurred due to the negligence of the First Respondent, who was attempting to overtake the Bus at the time of the incident. It further argued that the Insurer of the Hyundai Verna Car, in which the Claimant was travelling, ought to have been impleaded for a proper and complete adjudication of the claim. The Appellant pointed out that the Bus involved in the accident did not possess a valid Permit on the date of the incident, and therefore, it was not liable to indemnify the Owner.