UNITED INDIA INSURANCE CO LTD Vs. BANGARU

JUDGEMENT

(1.) This Civil Miscellaneous appeal has been preferred against the Award and Decree dtd. 31/3/2004 made in M.C.O.P.No.346 of 2001 on the file of the Motor Accidents Claims Tribunal (I Additional District Judge), Krishnagiri.

(2.) The brief facts of the case are as follows : On 24/5/1996, the claimant was travelling in a Tempo bearing Registration No.TN-55-9995 with goods and while he was proceeding near Thoddampatty Bridge, at that time, the bus bearing Registration No.TN.29-A-4664 belonging to the first respondent and insured with the second respondent, came in the opposite direction without observing the traffic rules and lost his control, dashed against the said tempo. Due to the said accident, the claimant sustained grievous injury and immediately he was admitted as inpatient in Dharmapuri Government Hospital and given treatment. The claimant has claimed a sum of Rs.2,00,000.00 as compensation.

(3.) The appellant/Insurance company, in the counter statement, has denied the fact stated by the claimant. The appellant/Insurance company has also objected the income of the claimant and his age, the sum claimed by the claimant was also stated on the higher side. The other objection raised by the Insurance Company is that it is a clear case of composite accident and hence, the Insurance company of the tempo has to be impleaded as party by the claimant.