RELIANCE GENERAL INSURANCE CO LTD Vs. K RAJA

JUDGEMENT

(1.) The insurance company which suffered an award for a sum of Rs.20,25,500/- as compensation for the injuries sustained by the claimant K.Raja in a motor accident that occurred on 03-01-2015 is the appellant.

(2.) According to the claimant the accident occurred while he was on the way to his house, walking towards the bus stop the lorry bearing registration number TN-28-AB 4459 driven in a rash and negligent manner by his driver hit against him and the left back wheel of the lorry ran over his legs resulting in severe crush injuries and the consequent amputation of both the legs. Terming the negligence on the part of the lorry driver as the cause of the accident, the claimant would seek a compensation of Rs.50 lakhs.

(3.) The owner of the lorry who was arrayed as the first respondent remained ex-parte. The Insurance Company, as the insurer of the lorry, resisted the claim contending that the accident did not occur in the manner suggested by the claimant. It was the further case of the insurance company that the claimant crossed the road without taking proper care which resulted in his not seeing the lorry which was coming from behind. It was also contended that the lorry was driven at a slow speed. The insurance company would also deny the quantum of compensation claimed apart from denying the percentage of disability said to have been caused due to the accident.