NEW INDIA ASSURANCE COMPANY LTD Vs. A SELVARAJ

JUDGEMENT

(1.) The Insurance Company/3rd respondent before the Tribunal has filed this appeal against the judgment and decree dated 16.07.2012 made in M.C.O.P.No.205 of 2009 on the file of Motor Accident Claims Tribunal, Sub Court, Chidambaram.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. On 06.01.2009 at about 6.55 p.m., when the petitioner was walking along Chidambaram to Sirkazhi Road, a Bus owned by Kamaraj Transport bearing Reg.No.BY-02-D-3535 coming in the same direction, without making any horn sound, came in a rash and negligent manner and dashed against the petitioner. In the resultant accident, the petitioner fell down and sustained grievous injuries and filed claim petition before the Tribunal seeking compensation of Rs.12,00,000/-.

(3.) On the other hand, the 3rd respondent/Insurance Company filed counter and denied the averments made in claim petition. It is also stated that the accident did not take place as alleged in the petition and the victim sustained only simple injuries. Thus, the 3rd respondent sought to dismiss the petition.