ORIENTAL INSURANCE CO LTD Vs. K BALASUBRAMANIAN

JUDGEMENT

(1.) BY consent of parties, dispensing with notice to the other respondents, who do not have any interest in the outcome of the appeal and who remained ex parte before the Tribunal, the main civil miscellaneous appeal itself is taken up for final disposal.

(2.) THIS civil miscellaneous appeal is directed against the judgment and award of the Motor Accidents Claims Tribunal (Principal Sub -Judge), Nagercoil dated 20.2.2006, made in M.C.O.P. No. 100 of 2003, by which the driver, owner and the insurer of the alleged offending vehicle involved in the accident have been directed to pay a sum of Rs. 21,15,000 as compensation for the injuries sustained by the injured person, namely, the respondent -herein/claimant in the above said M.C.O.P. together with interest at the rate of 12 per cent per annum on the above said amount from the date of filing of the M.C.O.P. till realisation and cost.

(3.) ACCORDING to the respondent Nos. 1 to 4 -the claimants in the M.C.O.P., the injured -Balasubramanian (respondent -claimant No. 1) on the above said date was proceeding slowly and cautiously in his motor cycle bearing registration No. TN 74 -E 4809 along with a pillion rider Subramanian from Nagercoil to Sivagnanapuram (Kurukkal Madam) and when they reached Therekalputhoor at about 3.45 p.m., the lorry bearing registration No. TN 32 -Y 2669 came there in the opposite direction driven by its driver, the respondent No. 5 herein/respondent No. 1 in M.C.O.P., in a rash and negligent manner and dashed against the said motor cycle as a result of which Balasubramanian, the respondent herein/claimant No. 1 sustained multiple injuries including severe head injuries. Contending that due to rash and negligent driving of the above said lorry by the respondent No. 5 herein/respondent No. 1 in the M.C.O.P. was the cause of the accident; that the injuries sustained by the respondent herein/claimant No. 1 resulted in total permanent disability and that respondent Nos. 5 and 6 herein and appellant herein -respondent Nos. 1 to 3 in the M.C.O.P., in their capacities as driver, owner and insurer of the said lorry respectively, were bound to compensate the injured respondent -claimant No. 1, respondent -claimant Nos. 1 to 4 had prayed that an award should be passed, directing the respondent Nos. 5 and 6 and the appellant herein/respondent Nos. 1 to 3 in M.C.O.P. to pay the above said amount as compensation with future interest and cost. In order to substantiate their claim, the claimants examined three witnesses as PWs 1 to 3 and relied on 25 documents marked as Exhs. A1 to A25.