ORIENTAL INSURANCE COMPANY LTD Vs. BANGARUSAMY

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 26.05.2005, made in M.C.O.P.No.17 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.V, Coimbatore at Tiruppur, awarding a compensation of Rs.7,88,000/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent, the Oriental Insurance Company Ltd., Tiruppur-641 601 has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE second respondent has filed a detailed counter statement and opposed the claim petition on various grounds stating that the first respondent has not submitted the claim for before the second respondent. THErefore, the second respondent is not liable to pay any compensation on behalf of the first respondent. THE second respondent does not admit that the lorry bearing registration No.TN39 E2828 was driven by its driver in a rash and negligent manner and dashed against the scooter, which was driven by the deceased. THE second respondent further submitted that the said accident had happened due to the rash and negligent driving of the deceased while trying to overtake one lorry and that he had only dashed against the lorry bearing registration No.TN39 E2828. As such, the deceased was at fault and he had invited the accident by his rash and negligent driving. THE second respondent further submitted that at the time of the said accident, the driver of the lorry was not having a valid and effective driving licence to drive the said lorry. THE second respondent does not admit the age, occupation and income of the deceased also. Further, the second respondent submitted that the claim amount of Rs.10,00,000/- with interest is excessive.