UNITED INDIA INSURANCE CO LTD Vs. PAVUNRAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant [Insurance Company], challenging the judgment and decree dated 24.11.2010 passed in M.C.O.P.No.604 of 2006 on the file of the Motor Accidents Claims Tribunal [First Additional Subordinate Court], Salem.

(2.) For the sake of convenience, the parties are referred to herein, as per their litigative status before the Tribunal.

(3.) It is a case of injury. The case of the petitioner [claimant] is that on 02.02.2006, at about 12.45p.m., in Thattankuttai to Oddan Kovil Main Road, after parking his TVS 50, driven by him, he attended the nature call on the right side of the road, at that time, a Ford Tractor bearing Registration No.TN-28-X-2467 loaded with Maize crop came from Thattankuttai, in a high speed without observing the road rules, dashed against the petitioner. At the time of accident, the back wheel of the Tractor ran over the petitioner and caused blood injuries on his left ankle and left foot. After the incident, the Tractor went away without giving any first aid to the petitioner. One Palanisamy, a resident of Kottaimedu, who occasionally came there and made arrangements for admitting the petitioner in a private Dhanvanthri Hospital at Erode.