RELIANCE GENERAL INSURANCE CO LTD Vs. MAHESH

JUDGEMENT

(1.) The challenge in this appeal by the Insurance Company is to the award of the Motor Accident Claims Tribunal, Cuddalore, dated 04.06.2015, made in MCOP No.12 of 2013 granting a sum of Rs. 17,15,000/- as compensation for the injury suffered by the claimant in the road accident that occurred on 23.11.2012.

(2.) According to the claimants, on 23.11.2012 when the claimant was riding a Motor Cycle bearing Registration No.PY-01-BJ-8329, on Panruti Cuddalore Main Road, on the extreme left side of the road a Tipper Lorry owned by the 2nd respondent herein, insured with the appellant Insurance Company came from behind and dashed against the two wheeler. As a result of the accident, the 1st respondent claimant was thrown out of the vehicle and he suffered grievous injuries, resulting in amputation. Contending that it is the negligence of the driver of the lorry that caused the accident and the resultant injuries had caused a permanent disability, the claimant sought for a compensation of Rs. 25,00,000/-.

(3.) The Tribunal on an analysis of the evidence on record, particularly the FIR registered by the Nellikuppam Police, marked as Ex.P1, concluded that the driver of the lorry bearing Registration No.TN-01-V 4188 had caused the accident by his negligent driving.