NATIONAL INSURANCE CO LTD Vs. K VEERAKUMAR

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal dated 10.06.2010 made in MCOP.No.137 of 2008 on the file of the Motor Accident Claims Tribunal,(Additional District Court-Cum-Fast Track Court No.I, Erode, the third respondent-Insurance Company has come forward this civil miscellaneous appeal.

(2.) For sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 20.07.2007 at about 45 p.m., when the petitioner was riding his two wheeler bearing Registration No.TN-33-Q-4869, from his home to Erode, near Abirami Theater in Mettur Road from north to south, a Maruthi Car bearing Registration No.TN-01-1818, came at high speed in the opposite direction and as the driver lost the control of the vehicle, dashed against the two wheeler in which the petitioner was travelling causing him grievous injuries and his right fore arm bone was broken. The accident occurred only due to the rash and negligent driving of the vehicle owned by the second respondent driver. At the time of accident, the petitioner was aged about 27 years and earning a sum of Rs.25,000/- per month by working as electrician. Due to the accident, he is not able to attend his normal work. Hence, the petitioner sought for compensation of Rs.4,00,000/- from the respondents who are the driver, owner and insurer of the offending vehicle.