RELIANCE GENERAL INSURANCE CO LTD Vs. M KRISHNAN

JUDGEMENT

(1.) Being aggrieved over the findings of the Tribunal, dated 11.04.2017 made in MCOP.No.5599 of 2014 on the file of the Motor Accident Claims Tribunal/III Judge, Court of Small Causes, Chennai, 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 petitioner is that on 16.05.2014 at about 07.30 hours, as the petitioner who was going in his Motor Cycle bearing Registration No.TN-03-J-9335 towards Chennai, while coming near Padalam Coot Road, Madhuranthagam Taluk, the first respondent lorry bearing Registration No.TN-01-X-3569 insured with the second respondent Insurance company came at high speed in a rash and negligent manner from east to west and dashed against the two wheeler in which the petitioner was going, causing him grievous injuries. The accident occurred due to the negligence of the first respondent lorry driver only. The petitioner was aged about 32 years and by working as driver was earning a sum of Rs.15,000/- per month. As he suffered multiple fracture, the petitioner is not in a position to carry on his avocation as he used to. Thus, the petitioner sought for a sum of Rs.10,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.