R.SUBBIAH,J. - (1.) This appeal has been filed by the Insurance Company challenging the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Special Subordinate Judge), Erode, in and by award dated 17.09.2016 in M.C.O.P. No. 81 of 2013.
(2.) The 1st respondent herein is the claimant before the Tribunal. The 2nd respondent is the driver, who had driven the offending vehicle at the time of the accident and the 3rd respondent is the owner of the vehicle. The case of the claimant before the Tribunal is that on 11.02.2011 at about 11.30 am, while he was riding his motorcycle bearing Reg. No. TN.37 AX 5541 from Velanthavalam towards Memonpara, in a slow speed on the extreme left side of the road, another motorcycle bearing Reg.No.TN 37 BE 3331 driven by the 2nd respondent, owned by the 3rd respondent herein and insured with the appellant herein/Insurance Company, came from opposite direction in a rash and negligent manner, and made an attempt to overtake another vehicle, and in that process, the said motorcycle came to the wrong side of the road and dashed against the motorcycle of the 1st respondent/claimant and thus, caused the accident. In the said accident, the claimant sustained grievous injuries all over his body and he was immediately taken to the Coimbatore Medical College Hospital, Coimbatore, where he took treatment from 11.2.2011 to 28.4.2011. Thereafter, he was admitted at Kumaran Hospital, Coimbatore, wherein he took treatment from 28.04.2011 to 8.5.2011. The claimant underwent treatment as inpatient for one month. At the time of accident, the claimant was working as a Sale Executive at Kavitha Alloyss Company, Coimbatore and earning monthly salary of Rs. 10,000/-. Due to multiple bone fractures in both legs, the claimant is not in a position to walk, sit, squat and ride two wheeler. He is bed-ridden and could not move about from the bed and an attender is always attached with the claimant, who is supporting the claimant for performing his day-to-day activities. Hence, the claimant made a claim for a sum of Rs. 10,00,000/-.
(3.) Resisting the claim of the made by the claimant, the Insurance Company filed a counter contending that the accident is the result of the rash and negligent riding of the claimant and the Insurance Company is not liable to pay any compensation to the claimant.;