UNITED INDIA INSURANCE COMPANY LIMITED Vs. S RAJI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed against the award dated 22.02.2006 made in M.C.O.P.No.173 of 2001 on the file of the Motor Accidents Claims Tribunal, Sub Court, Mettur.

(2.) The appellant/Insurance Company is second respondent in M.C.O.P.No.173 of 2001 on the file of the Motor Accidents Claims Tribunal, Sub Court, Mettur. The first respondent/claimant filed the said M.C.O.P. claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 27.09.2001.

(3.) According to the first respondent, on 27.09.2001, while he was walking along the Nangavalli-Mettur main road, on his extreme left end of the road, the driver of the van belonging to the second respondent drove the same in a rash and negligent manner, dashed against the first respondent and caused the accident. Due to the said impact, the first respondent has sustained grievous injuries all over his body. According to the first respondent, the accident occurred only due to rash and negligent driving by the driver of the van belonging to the second respondent. At the time of accident, the first respondent was aged 46 years and he was a Washerman and thereby, he was earning a sum of Rs.3,900/- per month.