RELIANCE GENERAL INSURANCE CO. LTD. Vs. ASHOKAN

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accident Claims Tribunal (Special District and Sessions Court), Tiruvannamalai in M.C.O.P.No.1162 of 2013, dated 30.8.2016, the appellant ? insurance company has preferred the Civil Miscellaneous Appeal.

(2.) Brief facts are that the first respondent was working as lorry driver under the second respondent and on 13.6.2013, he took soap load in the lorry bearing registration No.TN-25 J 0496 from Puducherry to Bangalore and was driving the lorry with due care and caution by observing the traffic rules. At about 18.30 hours, while he was nearing Kedar Village, Santhai thoppu, the diesel tank of the lorry driven by him had suddenly got fire and the tank busted out. Hence, the entire lorry got fired and the first respondent stopped the lorry on the side of the road and jumped out of the lorry and sustained fracture of left leg below knee, fire injuries on left leg, right leg below knee, right foot, right hand back knee and injuries all over the body. Immediately, the first respondent was taken to the Government Villupuram Medical College Hospital, Mundiyambakkam village and admitted as inpatient where he had taken for one month and thereafter, he was taking treatment as out-patient. Regarding the accident, a criminal case in Crime No.180 of 2013 was registered by Kedar Police Station. Stating that due to injuries sustained in the accident, he was not able to work as before, the first respondent filed the claim petition under Section 163-A of the Motor Vehicles Act, claiming compensation of Rs.5,00,000/-.

(3.) Denying the accident, the appellant has filed counter stating that it is duty of the first respondent to prove that the diesel tank of the lorry driven by the him suddenly got fire and due to that the first respondent sustained injuries all over the body. It is stated that the compensation claimed by the first respondent is excessive and prayed for dismissal of the claim petition.