NEW INDIA ASSURANCE CO. LTD. Vs. BALU

JUDGEMENT

(1.) On 11.08.2001, when the minor claimant namely Balu was proceeding as a pillion rider on the TVS Scooty bearing Registration No.TN -01 -J -1252, along with rider and his wife on the Naidumangalam main road, the mini van bearing Registration No.TN -24 -8591, driven in a rash and negligent manner, dashed against the TVS Scooty. As a result, the minor claimant's right thugh was severed and he had also sustained other injuries. Hence, the claim petition had been filed against the owner and insurer of the said van.

(2.) The Insurance Company had filed counter statement and resisted the claim petition. The respondent submitted that the rider of the TVS Scooty had committed the said accident in a negligent manner and as such contributory negligence has to be attributed in the instant case. The rider of the motorcycle did not possess a valid driving licence. Further, as three persons had travelled on the two wheeler, the policy conditions of Insurance had been violated. Further, the rider of the motorcycle had lost his balance and caused the accident. The averments in the claim regarding nature of injuries, medical treatment and disability was not admitted.

(3.) On considering the averments of both parties, the Tribunal had framed two issues namely (1) Due to whose negligence was the accident caused? (2) Whether the claimant is entitled to receive compensation? On the side of the claimant, two witnesses were examined and 8 documents were marked namely F.I.R., Wound Certificate, Discharge Medical summary, Motor Vehicle Inspector's report, Disability Certificate and judgments made in 3 other claim petitions. On the side of the respondents, two witnesses were examined and six documents were marked namely Driving licence, Policy copy, Copy of notice with acknowledgment card and Inspection report.