ORIENTAL INSURANCE COMPANY LIMITED Vs. KANDASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company, challenging the award dated 05.07.2014 made in M.C.O.P.No.258 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Harur.

(2.) The appellant/Insurance Company is 2nd respondent in M.C.O.P.No.258 of 2009 on the file of the Motor Accident Claims Tribunal, Sub Court, Harur. The 1st respondent filed the said claim petition claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 09.05.2006. The State of Tamil Nadu, represented by its Home Secretary, Fort St.George, Chennai, is suomotu impleaded as 3rd respondent in this appeal.

(3.) According to the 1st respondent, he was on election duty during the time of the accident. He along with others accompanying the ballot boxes travelled in the Eicher tempo for transporting the ballot boxes to Dharmapuri. At that time, the driver of the Eicher tempo drove the same in a rash and negligent manner at a high speed. Due to the same, the Eicher tempo capsized. The 1st respondent and others, who travelled in the vehicle, sustained injuries. After the accident, the 1 st respondent was given treatment at Government Hospital, Dharmapuri and has taken treatment as in-patient for one day at Government Hospital, Salem and subsequently, he has taken treatment at private hospital. According to the 1st respondent, he was aged 42 years, he was working as a police constable and was earning a sum of Rs.7,500/- per month. For the injuries sustained by him in the accident, he claimed a sum of Rs.5,00,000/- as compensation.