NATIONAL INSURANCE CO. LTD. Vs. KUMARESAN

JUDGEMENT

(1.) Challenging the award passed by the Tribunal in and by its judgment dtd. 23/12/2021 passed in M.C.O.P.No.1947 of 2016 on the file of Motor Accident Claims Tribunal No.2, Salem, appellant insurance company has filed the present appeal.

(2.) The brief facts of the case is as follows: First respondent is the claimant. On 11/7/2016 at about 07.00 a.m., the claimant was riding pillion in the motor cycle bearing Registration No.TN-54-D-3790 on the Athur Main Road, which was ridden by its rider in a rash and negligent manner and at that time, another motor cycle bearing registration No.TN-03-D-3047, belonging to third respondent, ridden in a rash and negligent manner dashed against the motor cycle ridden by the claimant's friend, owing to which the claimant fell down and sustained grievous injuries. The petitioner took treatment as an inpatient. Owing to the injuries sustained in the accident, the first respondent/claimant could not continue his avocation as a mason and hence, first respondent/claimant filed a claim petition seeking compensation in a sum of Rs.20,00,000.00. The claimant, at the first instance, laid his claim only against the owner and insurer of the motor cycle bearing Registration No.TN-54-D-3790. During the pendency of the claim petition, the owner of the motor cycle bearing registration No.TN-03-D-3047 was impleaded and the said motor cycle has no insurance.

(3.) The claim was resisted by appellant insurance company by filing a detailed counter.