T N RAJASEKARAN Vs. S PERIYASAMY

JUDGEMENT

(1.) THE appeal is filed against the Judgment and Decree dated 18.02.2003 made in M.C.O.P. No.1059 of 2001 on the file of the Motor Accidents Claims Tribunal, (Chief Court of Small Causes), Erode.

(2.) THE claimant met with a motor vehicle accident on 10.7.2001 at about 10.30 p.m. THE claimant Mr.Rajasekar was travelling as a pillion rider in the Kawasaki Bajaj Motor Cycle bearing Registration No.TN.27-D-7973. THE said bike was driven by his brother M.Mohanvel, who were proceeding from Erode to Kalingarayan palayam, Bhavani Main Road. When they were nearing Amaravathi Nagar from South to North direction on the extreme left side of the road, a standard van bearing Registration No.TN.47.6393 came in the opposite direction in a rash and negligent manner and dashed against the motor cycle. As a result of the same, the claimant was thrown away from the bike and he fell down and sustained head injury and multiple injuries all over the body. Immediately the claimant was taken and admitted at Erode Government Hospital, later he was shifted to Senthil Neuro Hospital at Erode for better treatment. THE claimant claimed a compensation of Rs.10,00,000/-, the 2nd respondent insurance company, resisted the claim. THE tribunal framed the following issues:

(3.) THE learned counsel appearing for the second respondent insurance company, would submit that the Tribunal had considered the facts and circumstances of the case and awarded the compensation and the same is just, fair and reasonable. THErefore, the award passed by the Tribunal is in accordance with law and the same has to be confirmed.