NEW INDIA ASSURANCE CO LTD Vs. PALANISAMY

JUDGEMENT

(1.) BEING aggrieved by the award passed by the Motor Accident Claims Tribunal, Gobichettipalayam in MCOP No.29/2001 awarding compensation of Rs.1,92,059/ -, Insurance Company has preferred this appeal on the ground that the owner of the motor cycle has violated terms and conditions of the policy and disputing its liability.

(2.) BRIEF facts which are necessary for disposal of this appeal are as follows: - On 29.10.2000 at about 7.15 a.m., first respondent claimant was riding his bicycle in Modachur from North to South keeping left side of the road. When he came near Modachur Sandai Bus Stop, Enfield Bullet Motorcycle bearing registration no.TNG 7510, which came from behind, driven in a rash and negligent, manner hit the claimant, due to which, the claimant had fallen down and sustained injuries on left parital region, left eye lid. There was also bleeding through oral cavity. At the time of accident, claimant was aged 60 years. Alleging that the accident was due to negligent driving of motorcyclist, claimant has filed Petition under Section 166 M.V.Act claiming compensation of Rs.2,98,000/ -.

(3.) BEFORE the Tribunal, P.W.s 1 to 3 were examined. Exs.P -1 to P -10 were marked. Witness from Regional Transport Office and Senior Assistant of Insurance Company were examined as RWs 1 and 2 respectively. In the criminal Court, the driver of motorcycle had admitted his guilt and paid fine. Charge Sheet in the criminal case and Judgment of the criminal case were marked as Exs.R -1 and R -2. Upon consideration of oral and documentary evidence, Tribunal has held that the accident was due to rash and negligent driving of the driver of motorcycle and held that the owner and insurer of motorcycle are jointly and severally liable to pay the compensation. Fixing the income of the claimant at Rs.6,750/ - p.m., and assessing his disability at 25%, the Tribunal has awarded Rs.1,62,000/ - for permanent disability and loss of earning. Total compensation of Rs.1,92,059/ - was awarded.