SHRIRAM GENERAL INSURANCE CO. LTD Vs. M.ANADAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant/insurer both on the liability as well as on the quantum of the award dated 16.02.2018 in MCOP No. 3525 of 2012 on the file of Motor Accident Claims Tribunal, V Court of Small Causes, Chennai. The first respondent/claimant also filed cross objection challenging the quantum of compensation awarded by the Tribunal.

(2.) On 17 February 2012 at about 2.30 p.m. while the first respondent was coming at Ediyan Sathu Koot Road, Vellore from Addukumpalai to Vellore (South to North Direction), the second respondent's vehicle bearing Registration No.TN 23 AJ 1624(Tata Ace) came from North to South direction negligently and hit the first respondent's vehicle bearing Registration No.TN 23 AU 8390, due to which the 1 st respondent/cross objector sustained multiple injuries all over the body. Therefore, the 1 st respondent/cross objector filed claim petition against the second respondent being the owner of the said vehicle and the appellant being the insurer to pay the compensation to him along with the interest.

(3.) Before the Tribunal, the second respondent/owner remained ex-parte. The appellant/insurer filed the counter disputing the liabilities as well as the compensation claimed by the first respondent/claimant. The main contention of the appellant/insurer before the Tribunal was that the accident occurred due to the rash and negligent driving of the 1st respondent/claimant, the rider of the two-wheeler. The appellant/insurer contended that at the time of accident, the rider of the two-wheeler i.e., the 1st respondent/claimant was under the influence of alcohol. Therefore, it is contended that it is not the Insurance Company which is liable to pay any amount of compensation as claimed by the claimant.