BRANCH MANAGER Vs. C. PRAVIN KUMAR

JUDGEMENT

(1.) The Insurance Company is the appellant herein.

(2.) The first respondent herein/claimant has filed a claim petition in M.C.O.P. No. 875 of 2006 before the Motor Accidents Claims Tribunal-cum-Principal Subordinate Court, Thirupur, alleging that on 20/3/2005 at 10.45 a.m., he was leaving from his company and he was going to see his friend and he proceeding his vehicle viz., TVS 50 Motor Cycle bearing Registration No.TN-45-J-4621 on the Palladam to Tirupur main road from North to South on the left side of the said road nearing the Tamil Nadu Theater in the above said road and at that time, a lorry bearing Registration No. TSC 2777 was driven by one M. Subramani, in a rash and negligent manner and dashed the backside of the claimant. As a result of which, the claimant was thrown out from the vehicle and he sustained grievous injuries and fracture to his right leg, injury to right hand, blood injuries to his right elbow and also blood injury to all over the body. The driver of the Ashok Leyland lorry has been charged for the offences under Ss. 279 and 337 of IPC by the Tirupur Rural police station in Crime No. 345 of 2005. The first respondent before the Tribunal is the owner and the second respondent is the insurer of the Ashok Leyland lorry bearing Registration No. TSC 2777. Therefore, the respondents 1 and 2 before the Tribunal are jointly, severally and vicariously liable to pay compensation of Rs.5,00,000.00 to the claimant.

(3.) The appellant herein/insurance company has filed a counter statement before the Tribunal disputing the rash and negligent driving on the part of the offending vehicle and also the quantum of compensation.