TR.J.SINGARAVEL Vs. G.THAMILARASAN

JUDGEMENT

(1.) Appeal filed by the claimant aggrieved by the dismissal of the claim petition filed before the Motor Accident Claims Tribunal at Tiruppur in M.C.O.P.No.1537 of 2015 dtd. 30/3/2023

(2.) The petition filed seeking compensation of Rs.45,00,000.00 for the alleged injury sustained by the claimant in the road accident. According to the claimant while he was riding his motor cycle bearing Registration No.TN-37-CX-2593 near Chellappampalayam Pirivu, Coimbatore to Avinashi Road, due to rash and negligent driving of the private bus bearing Registration No.TN-36-R-9797, which directly hit the petitioner causing grievous injury on spine and vertebrae, right brachial plexus, head and suffered fracture of right scapula and clavicle. Claiming that he was working as a Machine Operator earning Rs.30,000.00 per month and due to injury, he is not able to continue his avocation, the claim petition filed against the owner and driver of the private bus and its insurer.

(3.) The claim petition opposed by the Insurance Company stating that the entire averment in the claim petition is false. The First Information Report filed 52 days after the alleged accident is outcome of imagination and false accusation. The Insurance Company not liable to pay any compensation, since the injury alleged to have sustained by claimant is not due to any act on the part of the vehicle driver insured under the third respondent. The Court below framed the following points for determination: