NEW INDIA ASSURANCE CO LTD Vs. M CHELLAPPAN

JUDGEMENT

(1.) Being aggrieved over the finding of the Tribunal, dated 16.10.2015 made in MCOP.No.7000 of 2013 on the file of the Motor Accident Claims Tribunal/II Judge, Small Causes Court, Chennai, the second respondent-Insurance Company have come forward with this present appeal seeking to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 19.08.2013 at about 10.30. a.m., as the petitioner was riding his two wheeler bearing Registration No.TN-21-AM-7261, in S.P. Kovil, GST Service Road, Srivari Nagar, the Motor Cycle bearing Registration No.TN-01-AK-1793 came at high speed in the opposite direction dashed against the petitioner's vehicle causing him grievous injuries. The accident occurred only due to the negligence of the rider of the first respondent Motor Cycle bearing Registration No.TN-01-AK-1793. The petitioner was aged about 27 years at the time of the accident and was employed as contractor in Ford Company and was earning a sum of Rs.12,000/- per month. Due to the injuries suffered by him, he is unable to attend to his normal work. Thus, the petitioner sought for a sum of Rs.10,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.