DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. Vs. SAKTHI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dtd. 16/4/2025 passed in M.C.O.P.No.1319 of 2023 by the Special Subordinate Judge / Motor Accident Claims Tribunal, Thanjavur.

(2.) The facts of the case are as follows :- On 19/9/2023 at about 06.45 p.m., when the first respondent / claimant, after attending funeral ceremony of his relative, was walking along Saliyamangalam - Papanasam road in irumputhalai vettuvaykal bridge from North to South direction on the extreme left side of the road, a TVS Star City two wheeler bearing Registration No.TN-68-AF-6473, which came in the opposite direction in a rash and negligent manner, had dashed against the first respondent / claimant and as a result, the first respondent / claimant sustained grievous multiple injuries. The first respondent / claimant was immediately taken to Thanjavur Government Medical College Hospital and thereafter, he was admitted in Thanjavur Shanthi Private Hospital for further treatment. A case came to be registered in Crime No.181 of 2023 against the rider of the two wheeler one Ayyappan and after completing investigation, final report was filed against the said Ayyappan for the offences under Ss. 279 and 338 IPC. The claim petition was filed by the first respondent / claimant seeking compensation to the tune of Rs.15,00,000.00.

(3.) The second respondent / first respondent, owner of the vehicle, remained ex-parte before the Tribunal and the claim petition was opposed by the appellant / insurer.