CHOLAMANDALAM GENERAL INSURANCE COMPANY LIMITED Vs. MUTHAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the fair and decreetal order dated 22.04.2008 made in MCOP.No.122 of 2005, on the file of the Motor Accident Claims Tribunal / Sub Court, Kulithalai.

(2.) The appellant / Insurance Company is the second respondent in MCOP.No.122 of 2005, on the file of the Motor Accident Claims Tribunal / Sub Court, Kulithalai. The first respondent filed the said claim petition claiming a sum of Rs. 2,00,000/- as compensation, for the injuries sustained by him in the accident, that occurred on 19.06.2005.

(3.) According to the first respondent, while he was waiting to cross the road, the second respondent drove the motorcycle in a rash and negligent manner and dashed against the first respondent and caused injuries. The vehicle of the second respondent was insured with the appellant and hence, both are liable to pay compensation, as the accident occurred only due to rash and negligent driving by the second respondent.