DIVISIONAL MANAGER Vs. SEKAR AND OTHERS

JUDGEMENT

(1.) The Appellant, Insurance company has filed this appeal, challenging the order and decree dated 23.11.2010 made in M.C.O.P. No. 411 of 2005 on the file of Motor Accident Claims Tribunal, Subordinate Court, Tiruvannamalai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury.The case of the Petitioner-Sekar is that on 26.09.2004 at about 3.30 a.m., while the Petitioner was driving a jeep bearing Reg. No. PY-01-P-5965 in Chengi to Tindivanam road, while going near Thotti village, a lorry bearing Reg. No. KA-01-D-6687 came at high speed, in a rash and negligent manner in the opposite direction, dashed against the jeep, in which the petitioner was going, causing him multiple grievous injuries. The accident occurred due to negligence of the above said lorry driver. The Petitioner suffered injuries in his head, left leg and all over the body. He also suffered fracture in his leg. The Petitioner, after getting first aid in Government Hospital, Chengi, underwent treatment as inpatient for 45 days in Government Hospital, Pondicherry, and thereafter, took treatment in a private hospital. For the fracture in his leg, plate was fixed and due to head injury, he is suffering from loss of memory. The Petitioner, who was aged 31 years was a vehicle driver, earning Rs. 5000/- per month. Due to the injury suffered, he is unable to do any work, which he used to do earlier. Thus, the Petitioner sought for a sum of Rs. 2,00,000/- as compensation from the respondents.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent/Insurance company contends that the accident does not occur as alleged by the Petitioner. The age, occupation and income as claimed by the Petitioner is disputed. The Petitioner is to prove that he possessed valid driving licence at the time of the accident. In the FIR, the Lorry number is given as KA-01-D-6687 while in the Petition, it is given as KA-01-D-6689. The Lorry bearing Reg. No. KA-01-D-6687 alone was insured with the 2nd respondent and the Lorry bearing the other Registration Number is not insured with them. The Petitioner drove his jeep in a careless manner and without noticing the oncoming Lorry, went to the wrong side and dashed against the Lorry which resulted in the accident. Hence, the 2nd respondent/Insurer of the Lorry owned by the 1st respondent sought for dismissal of the Petition.