UNITED INDIA INSURANCE COMPANY LIMITED Vs. K NAGAMANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree, dated 20.02.2007, made in MCOP.No.455 of 2003, on the file of the Motor Accidents Claims Tribunal / Principal Sub Court, Thirunelveli.

(2.) The appellant is the fifth respondent in MCOP.No.455 of 2003, on the file of the Motor Accidents Claims Tribunal / Principal Sub Court, Thirunelveli. The first respondent, who is the claimant, filed the said claim petition claiming a sum of Rs. 4,00,000/- as compensation, for the injuries sustained by him in the accident, that occurred on 23.10.200

(3.) According to the first respondent, while he was returning home in his motorcycle bearing Regn. No.TDT-9176, a Mahindra Van bearing Regn. No.74 8400, belonging to the fifth respondent, driven by its driver in a rash and negligent manner and dashed against the first respondent and caused accident. Due to the said accident, the first respondent sustained multiple injuries and he took treatment by spending considerable amounts. The appellant opposed the said claim on the ground that the first respondent without giving any signal, entered into the middle of the road and hence, the accident had occurred. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the fifth respondent and awarded a sum of Rs. 83,416/- as compensation.