BRANCH MANAGER Vs. RAMKUMAR AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (I Additional District Judge), Tindivanam, in and by award dated 11.03.2013 in M.C.O.P.No.120 of 2011.

(2.) The 1st respondent herein is the claimant before the Tribunal. It is case of the claimant that he is an Engineering Graduate. He was working in a private concern and earning a sum of Rs. 30,500/- per month. On 20.07.2007, while the claimant, along with his friend Obliprakash, was riding a motor cycle bearing Reg.PY-01-AG-5557, near Mugalivakkam, a lorry bearing Reg.No.TN-20-7882 owned by the 2nd respondent herein and insured with the appellant herein/Insurance Company came in a rash and negligent manner and dashed against the motor cycle from behind, as a result of which the claimant was thrown out of the motor cycle and he sustained multiple injuries all over his body. Further, he sustained crush injury on his left leg and he was treated in MIOT Hospital and his left leg below the knee was amputated. He was inpatient for more than two months. Hence, he made a claim of Rs. 30 lakhs as compensation.

(3.) Before the Tribunal, the case of the claimant was resisted by the Insurance Company by filing a detailed counter, contending that the accident was the result of the rash and negligent riding of the two-wheeler. Thus, they denied their liability to pay the compensation amount.