NEW INDIA ASSURANCE CO LTD Vs. A KANNUSAMY

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 14.11.2005, made in M.C.O.P.No.216 of 2004, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Cuddalore, awarding a compensation of Rs.1,55,000/- together with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the award and decree passed by the Tribunal.

(3.) THE learned Motor Accident Claims Tribunal framed two issues for the consideration namely: (i) Whether the accident had occurred only due to the rash and negligent driving of the driver of the first respondent's vehicle? (ii) Whether the petitioner is entitled for compensation, If so what is the quantum of compensation?