Quick Summary: The Madurai Bench of Madras High Court ruled against the National Insurance Company, confirming compensation for a bike accident involving Pauldurai and Jothy. The court found the insurance company responsible for paying for the injuries despite their appeal.
On January 20, 2006, Jothy was riding his bike with Pauldurai as a passenger on the Surandai to Senthamaram road. Suddenly, a load auto rickshaw, driven by Sakthivel, hit them. Both Jothy and Pauldurai were injured and needed hospital treatment. The Surandai Police filed a case against Sakthivel for careless driving.
Pauldurai and Jothy asked for money to cover their injuries. The Motor Accidents Claims Tribunal awarded Rs. 3,95,000 and Rs. 3,24,000 respectively, with interest. The National Insurance Company, however, appealed, arguing they shouldn't have to pay.
The National Insurance Company claimed: - The bike had three people and no valid insurance. - The auto rickshaw wasn't properly registered. - The accident was partly Jothy's fault.
Justice R. Poornima looked at the evidence and found: - The auto rickshaw had a valid temporary registration. - The accident was caused by Sakthivel's careless driving. - There was no evidence that Jothy or Pauldurai did anything wrong.
"The Tribunal rightly held that the accident occurred due to the negligence of the first respondent's driver."
The court dismissed the National Insurance Company's appeal, confirming the compensation. Justice Poornima emphasized the company's failure to prove any negligence by the claimants.
