ORIENTAL INSURANCE COMPANY LTD., Vs. BALU @ BALASUBRAMANIYAN

JUDGEMENT

(1.) Feeling aggrieved by the Award dated September 04, 2019 passed by the 'Motor Accident Claims Tribunal (Sub Court), Kallakurichi' ['Tribunal' for short] in M.C.O.P. No.235 of 2013, the second respondent therein / insurance company has preferred the Civil Miscellaneous Appeal questioning the liability as well as the quantum of the compensation awarded.

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their rank in the Motor Accident Claims Original Petition.

(3.) On April 22, 2013, at around 05.00 p.m., the petitioner - Balasubramaniyan was traveling on his motorcycle bearing registration number TN-31-AS-2138 towards Veppur on National Highway-45, at that time, a Mahindra Tourist Van bearing registration number TN-31-AY-0678 driven by one Velmurugan at high speed in a rash and negligent manner, dashed the petitioner's motorcycle from behind, resulting in grievous head injuries to the petitioner. The petitioner was rushed to Government Hospital at Virudhachalam. Then he was referred to Government Hospital at Cuddalore and from there to Ramachandra Hospital at Chennai. The petitioner is a graduate in science and education. At the time of accident, he was employed in a private company in Singapore earning a sum equivalent to Rs.90,000.00 per month; the accident occurred while he was in India on leave. Due to the accident caused by the rash and negligence of the first respondent's driver, the petitioner became unfit for any kind of employment. At the time of accident, the first respondent's vehicle was insured with the second respondent. Hence the claim petition against the respondents. Initially, the petitioner claimed a compensation of Rs.50,00,000.00, and subsequently enhanced the claim to Rs.1,00,00,000.00 (Rupees One Crore only), along with interest and costs.