DIVISIONAL MANAGER Vs. KALAIARASAN

JUDGEMENT

(1.) Challenging both the liability as well as the quantum of compensation awarded by the Motor Accidents Claims Tribunal, (Additional Sub Judge) Puducherry, in and by its award, dated 24.07.2018, passed in M.C.O.P.No.499 of 2015, the present Civil Miscellaneous Appeal is preferred by the appellant/Insurance Company.

(2.) The first respondent herein is the petitioner/claimant before the Tribunal. It is the case of the claimants that on 14.03.2012 at about 4.30 hours, when the claimant was travelling along with office staff in a Qualis Car, bearing Regn.No.PY-01-R-8089, from Pondicherry to Hogenekal, along Sengam to Sengarapettai Road, near Melsangam at Karumangulam, a Lorry, bearing Registration No.TN-29-AL-3979, driven by its driver came in a very and negligent and dashed against the Qualis Car, due to which, the Car turned upside down and thereby, the petitioner/claimant and other travelers were thrown away, and in the said accident, the claimant sustained grievous crush injuries. Since the accident occurred only due to the driver of the Lorry, the claimant filed a Claim Petition against the insured as well as the insurer, claiming a sum of Rs.10,00,000/- as compensation.

(3.) The owner of the offending Vehicle, the second respondent herein, the Insured, set ex parte before the Tribunal.