NATIONAL INSURANCE CO LTD Vs. R KARTHICK (DIED)

JUDGEMENT

(1.) The Appellant/Insurance Company has filed this appeal against the judgment and decree dated 22.01.2007 made in M.C.O.P.No.1179 of 2005 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Coimbatore.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioner/claimant is that on 14.04.2005 while the petitioner/claimant and his friend were returning to Mettupalayam, in the two wheeler bearing Registration No.TN-39-Y-7581 driven by the petitioner/claimant, while going near Jadaiyampalayam Pirivu Road Bridge, the 1st respondent car bearing Registration No.TN-39-AA-5862 came at high speed in the opposite direction dashed on the petitioner/claimant bike and he was thrown away along with the pillion rider, causing him multiple grievous injuries. The accident occurred due to the negligence of the 1st respondent vehicle driver only. The petitioner/claimant suffered multiple fractures and severe head injury. He was taken to Private Hospital, Mettupalayam and after getting first-aid was admitted in the Government Hospital, Mettupalayam, Coimbatore, were he underwent treatment for 70 days as inpatient from 14.04.2005 to 22.06.2005. He was suffering from paralysis on the left side of the body. Even though, the petitioner/claimant was discharged on 22.04.2005, he was unable to move his limbs and he was not able to speak a single word or identify his close relatives. He was in semi conscious state and as per the Doctor opinion, he will not recover fully. The petitioner/claimant was only 25 years old when he met with the accident. At that time by working as a Salesman in a private concern, he was earning Rs.2,500/- per month and daily batta of Rs.40/-. Thus, the petitioner/claimant states that due to the injury suffered, he is unable to carry on his avocation and suffering from loss of income. Thus, the petitioner/claimant sought for a sum of Rs.6,00,000/- as compensation from the respondents who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the petitioner/claimant, by filing counter, the 2nd respondent/Insurance Company contends that on the date of accident, the Insurance Policy of the car bearing Registration No.TN-39-AA-5862 was in force, but the accident did not occur in the manner alleged by the petitioner/claimant. The claim of the petitioner/claimant about the age, avocation, income, nature of injury and disability suffered is denied. The petitioner/claimant's claim for compensation is on higher side. Thus, the 2nd respondent/Insurance Company seeks dismissal of the petition.