NEW INDIA ASSURANCE COMPANY LIMITED Vs. GANESAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award, dated 17.06.2010, made in MCOP.No.114 of 2006, on the file of the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Thenkasi.

(2.) The appellant / Insurance Company is the 2nd respondent in MCOP.No.114 of 2006, on the file of the Motor Accidents Claims Tribunal / Additional Subordinate Judge, Thenkasi. The first respondent filed the said claim petition claiming a sum of Rs. 10,00,000/- as compensation for the injuries sustained by him in the accident that occurred on 30.11.2005.

(3.) According to the first respondent, while he was travelling in the motorcycle bearing Regn.No.TN 37 S 8634 driven by the second respondent as a pillion, the second respondent drove the motorcycle in a rash and negligent manner and dashed against the milestone and that the first respondent was thrown out and suffered injuries. He underwent treatment in the Government Hospital, Thirunelveli and subsequently, in private hospital Thirunelveli and Nagercoil. The Police did not register the complaint given by the first respondent. The first respondent send the complaint to the Superintendent of Police. In view of such complaint, the police developed enmity and did not investigate the case properly.