NEW INDIA ASSURANCE CO LT Vs. B PRAKASH

JUDGEMENT

(1.) The Civil Miscellaneous Appeal arises against the judgment and decree dated 30.07.2004 made in MCOP No.14 of 2003 on the file Motor Accident Claims Tribunal, Additional District and Sessions Judge's Fast Track Court at Vellore.

(2.) The claim application has been filed by the claimant by stating that on 09.11.2000 at about 7.30 p.m. while he was riding his TVS 50 motor cycle bearing Registration No.TN-25-0544 from Thiruvannamalai Town, Thendral Nagar and proceeding in the direction of Thiruvannamalai, Vellore Road, Near Ramakrishna Hotel, the first respondent riding his vehicle bearing Registration No.TN-23-0218 in a rash and negligent manner, dashed against his vehicle. Immediately, the claimant fell down and sustained grievous injuries all over the body and he was admitted in C.M.C. Hospital and treated as an in- patient for six months and the claimant also claimed a sum of Rs. 5,00,000/- as compensation for the injuries sustained and also for the loss of income.

(3.) This appellant/ the second respondent Insurance Company has averred in his counter that when the accident had taken place on 09.11.2000, it was not reported to the Insurance Company and the amount claimed as compensation is excessive and the manner of the accident is also denied by the appellant.