NATIONAL INSURANCE CO LTD Vs. GEORGE

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal dated 18.09.2010 made in MCOP.No.92 of 2006 on the file of the Motor Accident Claims Tribunal/(Additional District Judge), Fast Track Court, Dharmapuri, the second respondent-Insurance Company filed this present appeal seeking to set aside the award passed by 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 petitioners is that on 10.06.2005, when the petitioner was going as a pillion rider in the two wheeler bearing Registration No.TN-20-B-8912, driver by one Maya Kannan, around 10.30. p.m., near Unampalayam Water Tank, in Uthangarai Kallavi Road, the Auto bearing Registration No.TN-29-T-2340 belonging to the first respondent and insured with the second respondent, came at high speed in the opposite direction, in a rash and negligent manner dashed against the two wheeler in which the petitioner was going as pillion rider, causing fracture and multiple injuries to the petitioner. The accident occurred only due to the rash and negligent driving of the first respondent Auto driver. At the time of the accident, the petitioner was aged about 22 years and by carrying on vegetable vendor business, he was earning a sum of Rs.5,000/- per month. After the accident, due to injuries suffered by him, he is not able to carry on his vegetable business as usual and he has suffered loss of income. Hence, the petitioner seeks a sum of Rs3,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.