RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. JOHN BRITTO

JUDGEMENT

(1.) The Insurance Company which suffered an award for payment of Rs. 12,69,500/- has come forward with this appeal. It is a case of injury.

(2.) According to the claimant, while he was riding his two-wheeler bearing registration No.TN-59-AP-6867 at Mannar Swamy Koil Street, Royapuram, Chennai at about 15.20 hours on 10.12010, a tipper lorry bearing registration No.TN-18-D-3738 belonging to the 1st respondent came from behind at a high speed and dashed against the two-wheeler, as a result of the accident, the claimant who was the rider of the two-wheeler sustained grievous injuries. Contending that he suffered pecuniary loss as well as pain and suffering due to the injuries suffered in the accident, the claimant would seek a compensation of Rs. 12,00,000/-.

(3.) The claim petition was resisted by the Insurance Company contending that the lorry was not responsible for the accident, it was the claimant who drove his two-wheeler in a rash and negligent manner and caused the accident.