UNITED INDIA INSURANCE COMPANY LTD Vs. MANOHARLAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 08.12.2016 made in M.A.C.T.O.P.NO.2287 of 2010 on the file of Motor Accident Claims Tribunal, in the Court of Small Causes, Chennai.

(2.) The Appellant -Insurance Company is the second Respondent, 1st Respondent is Claimant/Petitioner and 2nd Respondent is the 1st Respondent in M.A.C.T.O.P.NO.2287 of 2010, on the file of Motor Accident Claims Tribunal, in the Court of Small Causes, Chennai. According to the 1st Respondent while he was travelling as Pillion rider in Motor Cycle bearing Registration No.TN.07-T-5051 on 06.12.2009 at about 13.30. Hours near KMC Hospital at Poonamallee High Road, the 2nd Respondent riding the Motor Cycle bearing Reg.No.TN.07.T.5051 rash and negligent manner to avoid hit the Cyclist one who crossed the Road suddenly turned right side of the road as such hit the median of Poonamallee High Road, due to which the petitioner thrown away from Motor Cycle bearing Registration No.TN-07-T-5051 he suffered multiple grievous injuries. The 1st Respondent was 54 years at the time of accident and Proprietor of Rajasthan Rothi Ghar at Triplicane High Road,Chennai-05 and earning Rs.1,50,000.00 per month. He claim a sum of Rs.6,00,000.00 as compensation. The 2nd Respondent is owner of the vehicle remained exparte.

(3.) The Appellant filed counter statement and denied various allegations made by the 1st Respondent and pleaded the accident not happened due to rash and negligent driving of the 2nd respondent rider and denied involvement of Vehicle since there is 56 days delay in FIR. and denied the age and income of the deceased and denied the injuries of 1st Respondent.