ORIENTAL INSURANCE CO.LTD Vs. ABDUL RAHIM

JUDGEMENT

(1.) RESPONDENTS 2 and 3 are served. First respondent appears through counsel.

(2.) THIS appeal arises from the award dated 05.05.2011 in O.P(M.V).No.201 of 2005 of the Motor Accident Claims Tribunal, Pathanamthitta (for short, "the Tribunal"). First respondent who was driving the lorry involved in the accident on 14.11.1999 sustained injuries due to it capsizing. According to the first respondent while he was proceeding along the public road, an autorikshaw came from the opposite road in a rash and negligent manner and to avert an accident, he had to swerve the lorry. Thereon his vehicle turned turtle. He claimed compensation under Sec.163A of the Motor Vehicles Act, 1988 (for short, "the Act").

(3.) THE Tribunal found that accident occurred in the manner stated by the first respondent, assessed compensation payable to the first respondent as per structured formula and directed the appellant to pay the amount with interest. That award is under challenge.