NEW INDIA ASSURANCE CO LTD Vs. SELVARAJ

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant / second respondent against the Award and Decree, dated 29. 03. 2007, made in M. C. O. P. No. 46 of 2007, on the file of the Motor Vehicles Accident Claims Tribunal, Fast Track Court No. II-cum-Additional District Judge, Gobichettipalayam, awarding a compensation of Rs. 3,27,870/- with 7. 5% interest per annum from the date of filing the petition till the date of payment of the compensation.

(2.) AGGRIEVED by the said Order, the appellant / second respondent, The New India Assurance Co. , Ltd. , has preferred the above appeal praying to set aside the above award and decree passed by the Tribunal.

(3.) THE short facts of the case are as follows: on 02. 08. 2004, at about 19. 30 hrs, the petitioner was riding his motorcycle bearing registration No. TN28 Y6708, on Sathy to Goby Road near Avasur Town, from west to east at a moderate speed. At that time, the driver of the motorcycle bearing registration No. TDE322 and driven by its rider, on Krishnamoorthy, in a rash and negligent manner at high speed from west to east, turned towards south, without giving any signal or horn and dashed against the petitioner's vehicle. Due to the accident, the petitioner fell down on the road, his head was fractured and his left clavicle was fractured. Immediately, the petitioner was admitted at Ramakrishna Hospital, Coimbatore. His motorcycle was also fully damaged. The accident happened only due to the rash and negligent driving of the motorcycle bearing registration No. TDE322.