NEW INDIA ASSURANCE CO LTD Vs. FAZHAMALAI

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent, THE New India Assurance Co., Ltd., Divisional Office, Cuddalore, against the Award and Decree, dated 06.09.2005, made in M.C.O.P.No.59 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District-cum-Fast Track Court No.3, Virudhachalam, awarding a compensation amount of Rs.2,01,200/- with 7.5% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree passed by the Motor Accident Claims Tribunal, the appellant/second respondent, The New India Assurance Co., Ltd., Divisional Office, Cuddalore has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE Motor Accident Claims Tribunal had framed two issues for consideration namely (i) Whether the petitioner is entitled to get a compensation of Rs.4,00,000/- against the respondent? (ii) Whether the accident had happened due to the rash and negligent driving of the driver of the mini Tempo van?