ORIENTAL INSURANCE COMPANY LTD Vs. S RAMESH

JUDGEMENT

(1.) The challenge in these appeals is to the award dated 21.04.2005 made in MCOP No.3952 of 1996 on the file of the Motor Accident Claims Tribunal (IV th Judge, Court of Small Causes), Chennai.

(2.) The original petition in MCOP.No.3952 of 1996 was filed by the appellant in CMA No. 2787 of 2005 seeking compensation for the injuries suffered by him in a motor accident that occurred on 14.05.1995 when the claimant was actually 16 years of age. According to the claimant, while he was travelling in an Auto-rickshaw bearing registration No.TN-04-B-4657, the lorry bearing registration No.MDM-4669 owned by one E.M.Kandasamy insured with the 2nd respondent Insurance company (Appellant in CMA No.2415 of 2005) driven in a rash and negligent manner crossed the yellow line, came to the extreme right side of the road and dashed against the Auto-rickshaw causing grievous multiple injuries to the petitioner resulting in permanent disability. As a result of the injuries suffered, the petitioner/claimant has been rendered Paraplegic, resulting permanent disability of all kind of movement from chest to foot. Contending that the petitioner who passed SSLC with 90% marks discontinued his education to look after the coffee plantations belonging to the family in Agamalai Vilage. He had also done pooling of other lands and has been cultivating as a leasee. Contending that he was having an annual income of Rs. 2,00,000/-, the petitioner sought for a compensation of Rs. 1,18,50,000/-. The petitioner claimed a sum of Rs. 87,95,925/- towards loss of future income, he had also claimed a sum of Rs. 25,00,000/- towards future medical expenses and on various other heads.

(3.) The claim petition was resisted by the Insurance company contending that the accident was not due to the rash and negligent driving of the lorry. The Insurance company denied the very accident and the existence of the Insurance cover. An additional counter statement was filed, contending that the lorry bearing registration No.MDM-4669 has been falsely implicated in the accident since the Auto in which the injured claimant was travelling was not insured. According to the Insurance company the Auto dashed because of the rash and negligent driving by its driver resulting in the accident and the injuries caused. The Insurance company would also contend that the insured, namely E.M.Kandasamy had died even prior to the date of renewal of the policy and the policy was renewed in the name of a dead person. Therefore, Insurance company is not liable to pay the compensation. The quantum of compensation was also termed as exccessive. The Tribunal originally passed an award on 31.02004 in and by which it awarded a sum of Rs. 44,00,000/- as compensation. While doing so, the Tribunal found that it was the rash and negligent driving of the lorry which contributed to the accident.