C MAIYAPPAN Vs. S K BABU

JUDGEMENT

(1.) The appellant/claimant has filed this appeal against the judgment and decree dated 08.12.2016 made in M.C.O.P.No.3874 of 2010 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. On 03.08.2010, at about 12.30 hours, when the petitioner was travelling in an auto bearing Reg.No.AP26-X-3602 at G.N.T.Road, NH-5, Nellore, the driver of the auto drove the same in a rash and negligent manner and overtook an unknown vehicle, thereby, the driver of the auto lost his control and dashed on the lorry, thereby, the petitioner fell down and sustained grievous injuries. The Petitioner claimed total compensation of Rs.10,00,000/-.

(3.) On the other hand, the 2nd respondent/Insurance Company opposed the Petitioner's claim by stating that the 1st respondent neither informed about the accident nor submitted its claim form. It is further contended that the said Auto was specifically prohibited to ply on the National Highways, but the accident occurred on the National Highways and therefore, there is violation of insurance policy condition. It is further stated that the amount of compensation claimed is highly excessive and sought to dismiss the petition.