UNITED INDIA INSURANCE CO. LTD Vs. NAVEEN

JUDGEMENT

(1.) Feeling aggrieved by the Award dated July 28, 2023 passed by the 'Motor Accident Claims Tribunal (Special Subordinate Court No - II), Salem' ['Tribunal' for short] in M.C.O.P. No.272 of 2022, the Claimant therein has preferred C.M.A. No.2320 of 2024 seeking enhancement of Compensation, while the Second Respondent therein/Insurance Company has preferred C.M.A. No.2814 of 2024 questioning the liability imposed on it as well as the quantum of Compensation awarded.

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

(3.) The case of the Petitioner is that on May 28, 2021 at about 10.30 pm, the Petitioner was riding his Motorcycle bearing Registration No.TN-48-AP-6827 at Thuraiyur Road, near Devarapampatti APR Bakery, at that time, a foregoing Autorickshaw bearing Registration No.TN-48-AR-6439, suddenly turned right without any signals, and dashed on the Motorcycle, due to which, the Petitioner fell down and sustained Head injuries. Then, he was rushed to Government Hospital, Thuraiyur for first aid, and then shifted to Trichy Neuro - One Hospital followed by various other hospitals for better treatment. At the time of accident, the Petitioner was a 21 year old Diploma holder, earning a sum of Rs.25,000.00 monthly. Due to the accident, the Petitioner became completely disabled and he could not do his work/day to day chores as before. Hence, the Petitioner filed the Original Petition seeking Compensation of Rs.1,00,00,000.00 (Rupees One crore only) from the Respondents. First Respondent's case: