UNITED INDIA INSURANCE CO LTD Vs. V MOHAN

JUDGEMENT

(1.) Being aggrieved over the finding of the Tribunal dated 03.06.2016 made in MCOP.No.2440 of 2013 on the file of the Motor Accident Claims Tribunal, III Judge, Small Causes Court, Chennai, the second respondent-Insurance Company has come forward with this civil miscellaneous appeal to set aside the award passed by the Tribunal.

(2.) For 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 05.02013 at about 10.30 p.m., when the petitioner was proceeding in his Motor Cycle bearing Registration No.TN-22-H-2580, in the First Main Road, opposite to Palavanthangal Bajaj Showroom, the Auto bearing Registration No.TN-22-L-2552 belonging to the first respondent and insured with the second respondent-Insurance Company, came at high speed in the opposite direction and dashed against the motor cycle in which the petitioner was travelling resulting in severe head injures and multiple injuries all over his body. The negligence of the Auto driver alone caused the accident. At the time of accident, the petitioner was aged about 50 years and was employed under Tamil Nadu Police as Head Constable earning a sum of Rs.25,000/- per month. Due to the injuries suffered by him, he is not able to attend to his work normally. Hence, the petitioner sought for compensation of Rs.6,00,000/- from the respondents who are the owner and insurer of the offending vehicle.