SHRIRAM GENERAL INSURANCE CO LTD Vs. MANIKANDAN

JUDGEMENT

(1.) These appeals are at the instance of the Insurance Company which suffered an award for payment of Rs. 13,31,800/- for the injuries caused to one Manikandan in MCOP No.3006 of 2012 and a sum of Rs. 89,000/- for the injuries caused to one Manivasagan in MCOP No.3007 of 2012.

(2.) The two Claim Petitions came to be filed by the claimants seeking compensation of Rs. 6,00,000/- for the injuries suffered by the claimant in MCOP No.3006 of 2012, Manikandan and a sum of Rs. 1,00,000/- for the injuries suffered by the claimant in MCOP No.3007 of 2012, Manivasagan. According to them, when both the claimants were travelling in the Motor Cycle bearing Registration No.TN-19-D-1982 being driven by the claimant in MCOP No.3007 of 2012 Manivasagan with the claimant in MCOP No.3006 of 2012 Manikandan as a pillion rider from Tambaram to Koyambedu. The Eicher Van bearing Registration No.TN04-R-8661, owned by the 1st respondent and insured with the second respondent/appellant insurance Company, driven by its driver in a rash and negligent manner, came from behind and hit against the Motor Cycle. As a result of the accident, the pillion rider Manikandan suffered grievous injuries, namely head injury, a fracture in the right leg and multiple injuries all over the body. It is also claimed that the claimant in MCOP No.3007 of 2012 viz. Manivasagan had suffered head injury, injuries of the right eye, face and right ankle, apart from multiple contusion all over the body.

(3.) The claims were resisted by the Insurance Company contending that the accident took place due to the rash and negligent driving of the two wheeler by Manivasagan. While admitting the Insurance, the treatment period as well as the disability claimed by the claimants were denied.