UNITED INDIA INSURANCE CO LTD Vs. ANNADURAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/Insurance Company, challenging the judgment and decree dated 27.06.2006 passed in M.C.O.P.No.543 of 2004 on the file of Motor Accidents Claims Tribunal, District Court, Tiruvarur.

(2.) Though M.P.No.1 of 2008 in CMA.SR.No.102133 of 2006 has been filed on 26.02.2007 with 13 days delay and notice was ordered by this court on 13.02.2008, the same has been listed after service of notice on 10.04.2018 only. Therefore, the matter is taken up for final hearing and disposal.

(3.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a case of injury. The Petitioner averments in his Claim Petition MCOP.No.543 of 2004 is that on 24.09.2003, at 9.45 a.m., while he was going in a two wheeler bearing Reg.No.TN-55-A-6814, at Thoppadi Thidal, near Vinayagar Temple at Thiruthuraipoondi in normal speed, the 1st respondent driving his two wheeler bearing Reg.No.TN-51-B-5683 came at high speed in opposite direction, dashed against the two wheeler which the petitioner was riding, causing him grievous multiple bone fracture and crush injury. The Petitioner was aged 32 years and by working as Agriculturist and Fish Pond Sub Contractor, was earning Rs.7,000/- per month. According to the Petitioner, due to the injuries suffered by him he is not in a position to attend to his work. The Petitioner therefore, claimed compensation of Rs.5,00,000/-.