NATIONAL INSURANCE COMPANY LTD Vs. NITHIN MAHESWARY

JUDGEMENT

(1.) The 2nd respondent-insurer in OP(MV) No.1234/2011 on the files of the Principal Motor Accidents Claims Tribunal, Kozhikode has filed this MACA invoking Section 173 of the Motor Vehicles Act, 1988, aggrieved by Award dated 15.05.2014. The 1st respondent in MACA, who is the petitioner in OP(MV), has filed a Cross Objection under Order XLI Rule 22 of the Code of Civil Procedure, 1908.

(2.) The 1st respondent in this MACA filed the OP(MV) stating that on 03.08.2010, while he was standing near English Church, a car driven in a rash and negligent manner hit him down causing serious injuries. He was taken to Medical College Hospital, Kozhikode and had to be treated as an inpatient for three months. The 1 st respondent claimed Rs.42,80,000/- as compensation.

(3.) The 2nd respondent, who is the owner of the car, remained ex parte. The appellant-insurer filed a written statement admitting policy coverage, but denying liability. The appellant disputed the age, occupation and income of the 1st respondent and stated that the amount of compensation claimed is excessive. The appellant also stated that the 2nd respondent was not negligent.