- (1.)This Civil Miscellaneous Appeal has been filed by the appellant Insurance Company, against the judgment and decree, dated 21.11.2014, made in M.C.O.P.No.136 of 2013, on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirunelveli.
(2.)The appellant Insurance Company is the second respondent and the first respondent is the petitioner/claimant in M.C.O.P.No.136 of 2013 on the file of the Motor Accident Claims Tribunal, Special Subordinate Court, Tirunelveli.
(3.)The first respondent filed a claim petition, claiming a sum of Rs.7,00,000/-, as compensation for the injuries sustained by him in the accident, that took place 10.05.2011. According to the first respondent, on 10.05.2011, one Muthusamy was riding a TVS Motorcycle, bearing Registration No.TN-67-AV-5311, belonging to the third respondent insured with the fourth respondent. The first respondent was a pillion rider in the Motorcycle. At that time, the driver of the Mahindra Xylo car, bearing Registration No.TN- 10-Y-2490, belonging to the second respondent insured with the appellant, was driven in a rash and negligent manner and dashed against the Motorcycle from behind. Due to which, both the first respondent and the rider of the Motorcycle viz., Muthusamy sustained injuries. A case was registered against the driver of the Car belonging to the second respondent in Crime No.221/2011. The first respondent was earning a sum of Rs.7,000/- per month by doing Real Estate business and Agricultural work. Therefore, he claimed a sum of Rs.7,00,000/-, as compensation from the appellant and the second respondent.