UNITED INDIA INSURANCE CO. LTD. Vs. VENKATESAN

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal arises out of the award of the MACT (Sub-Court), Dharmapuri in MCOP. No. 1000 of 2009.

(2.) The claimant has alleged that on 1/8/2008 while he was washing his car near Subha Hospital the Yamaha Motor cycle bearing Registration No. TN-29-AC-5548 driver by its driver in a rash and negligent manner dash against the claimant and the claimant suffered multiple injuries in the said accident. The claimant was immediately taken to the SKS Hospital, Salem where he was treated as inpatient from 2/8/2009 to 6/8/2009. He underwent a surgery for internal fixation of fibula, plating of tibia by minimally invasive technique and he was still undergoing treatment. The accident occurred only due to the rash and negligent act of the driver of the motor cycle and hence the insurance company is liable to pay compensation to the petitioner.

(3.) The Insurance company has contested the case denied the liability and contended interalia that the accident did not occur due to the negligence of the driver and the claim is excessive. The 1st respondent had remained exparte.