NATIONAL INSURANCE CO LTD Vs. K PALPANDI

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree dated 17. 04. 2007 made in MCOP No. 1049 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Judge (IV-FTC) of Tiruppur.

(2.) BACKGROUND facts in a nutshell are as under:-The first respondent / claimant was injured in a road traffic accident on 19. 01. 2003. On 19. 01. 2003 at about 13. 30 hours, the claimant was going in a bicycle from west to east direction in the Tirupur to Kangeyam Road, Kasipalayam Pirivu, Tirupur, keeping left side of the road. At that time, a car bearing registration No. TNT-9394, driven by its driver, in the regular course of employment under the second respondent, was coming from west to east direction in a rash and negligent manner, without following traffic rules and dashed against the claimant. Due to the accident, the claimant sustained grievous injuries and fracture at the right shoulder neck, left leg, right elbow and injuries all over the body. Immediately, the claimant was taken to the Government Hospital, Tiruppur and later taken to CMC Hospital, Coimbatore and admitted as in-patient and the claimant underwent treatment for one month. The claimant spent huge amount towards medical treatment. The claimant claimed a compensation of Rs. 5,00,000/- before the Tribunal. The said car was insured with the appellant / Insurance Company, who resisted the claim. On pleading, the following issues were framed by the Tribunal:-

(3.) LEARNED counsel appearing for the Insurance Company has submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the car driver. It is also submitted that the Tribunal had awarded excessive and exorbitant compensation, without basis and justification. It is also submitted that there is a contributory negligence on the part of the claimant. Hence the order passed by the Tribunal is not in accordance with law and the same should be set aside.