V ANANTHAN Vs. MANOHARAN

JUDGEMENT

(1.) CHALLENGE in this appeal is to the order of Motor Accidents Claims Tribunal made in M.C.O.P.No.230/2002, exonerating the Insurance Company from indemnifying the liability of the compensation payable to the appellant claimant who sustained injuries in the road traffic accident on 10/6/2000.

(2.) BRIEF facts which are necessary for disposal of these appeals are as follows:- On 10.06.2000 at about 10.25 p.m., on Erode Mettur Road, near Brinthavan Hotel, while the claimant was riding cycle driver of the TVS Suzuki bearing Registration No.TN 33 L 8489 drove the same in a rash and negligent manner and dashed against the claimant, due to which, he sustained injuries on his left leg, face, upper teeth and lower teeth.

(3.) BEFORE the Tribunal, claimant examined himself as PW-1. Dr. Kathiravan was examined as PW-2. Exs.A-1 to A-12 were marked. On the side of the respondent, Officer from the Insurance Company was examined as RW-1. Exs.B-1 to B-3 were marked. Upon consideration of oral and documentary evidence, the Tribunal held that the accident was due to the rash and negligent driving of the rider of the two wheeler. The Tribunal further held that the rider of the two wheeler did not possess driving licence and therefore, there was breach of conditions of policy and the Tribunal held that the Insurance Company is not bound to indemnify the insured. Having regard to the injuries, the Tribunal has adopted multiplier method and awarded total compensation of Rs.1,29,750/- and held that the compensation is payable by owner of the vehicle/first respondent.