BRANCH MANAGER, ORIENTAL INSURANCE CO LTD Vs. SANKAR

JUDGEMENT

(1.) Being aggrieved over the finding of the Tribunal, dated 20.09.2013 made in MCOP.No.2183 of 2013 on the file of the Motor Accident Claims Tribunal/Special Subordinate Court, Krishnagiri, the 2nd respondent-Insurance Company filed this present appeal for setting aside the finding of the Tribunal.

(2.) For the 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 06.01.2012, while the petitioner was proceeding from Kelemangalam to Kanakapura in his two wheeler bearing Registration No.KA-04-6260, near Murugan Temple, at about 7.00 p.m., the Tractor bearing Registration No.TN-70-A-5464 belonging to the first respondent and insured with the second respondent came at high speed driven in a rash and negligent manner dashed against the two wheeler in which the petitioner was proceeding causing him grievous injuries. The accident occurred only due to the negligence of the first respondent Tractor driver. At the time of accident, the petitioner was aged about 40 years and by working as mason was earning a sum of Rs.10,000/- per month. Due to the injuries suffered by the petitioner, he is not able to carry on his regular work and suffered loss of income. Thus, the petitioner sought for a sum of Rs.7,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.