NEW INDIA ASSURANCE CO.LTD. Vs. KARTHICK

JUDGEMENT

(1.) Challenging the judgment and decree dated 10.12.2013 passed by the Motor Accidents Claims Tribunal (Small Causes Court, V Judge), Chennai in M.C.O.P.No.4691 of 2012, the appellant Insurance Company has come up with this appeal.

(2.) The claimant in this case is the injured. On 16.09.2012, about 11.30 hours, when the claimant/1st respondent herein was riding his motor cycle bearing Registration No.TN-03-C-3201 along with one G.Saravanan as a pillion rider, on Konnur High Road, opposite to Door No.111, Hall Baraccah Chicken, Mutton Centre, Otteri, Chennai-12 from west to east direction, a Lorry bearing Registration No.AP-16-TY-4199 came from the same direction in a rash and negligent manner and dashed against the motor cycle, thereby, both the claimant and the pillion rider sustained grievous injuries. Alleging that the owner and insurer of the Lorry are jointly and severally liable to pay compensation, the claimant Karthik, in his claim petition sought a sum of Rs.6,00,000/- as compensation.

(3.) The appellant Insurance Company resisted the claim petition contending that there was gross and total negligence on the part of the claimant, who rode the motor cycle.