MANAGER, UNITED INDIA INSURANCE CO LTD Vs. SUBRAMANI

JUDGEMENT

(1.) The Insurance Company is the appellant herein challenging the Judgment and Decree dated 26.10.2010 made in M.C.O.P.No.146 of 2008 on the file of the Motor Accidents Claims Tribunal, (Chief Judicial Magistrate) at Namakkal.

(2.) The first respondent herein/claimant has filed a claim petition in M.C.O.P.No.146 of 2008 before the learned Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Namakkal, alleging that on 21.10.2007 at about 4.00 p.m., while he was proceeding in a two wheeler bearing Registration No.TN-28-C-9089 near rain fed water tank in Ponvizha Nagar on the left side of the road, a car bearing Registration No.TN-09-1019, which was coming in the opposite direction in a rash and negligent manner, hit against the claimant and caused the accident and as a result of which, the claimant sustained grievous injuries all over his body. For the injuries sustained by him, the injured/claimant has filed a claim petition claiming a sum of Rs.5,00,000.00 as compensation.

(3.) Before the Tribunal, the injured/claimant examined himself as P.W.1 and Doctor was examined as P.W.2 and documents Exs.P.1 to P.7 were marked on the side of the injured/claimant. On the side of the respondents before the Tribunal, no witness was examined and Xerox copy of Ration Card was marked as Ex.R.1.