NATIONAL INSURANCE CO LTD Vs. R PRAKASH

JUDGEMENT

(1.) THE above appeal has been filed by the appellant/National Insurance Company against the award and decree passed by the learned Motor Accident Claims Tribunal, Additional District Court, Fast Track Court II, Salem, in MCOP No.1667 of 2001, dated 31.03.2004 awarding a compensation of Rs.1,18,400/- with interest at the rate of 9% per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) AGGRIEVED by the said award and decree, the appellants-National Insurance Company and Rev.Samuel D.Stephen have filed this appeal to scale down the said compensation amount passed by the Tribunal.

(3.) THEREFORE this respondent humbly prays that this Honourable court may be pleased to dismiss the petitioner with costs and thus render justice." 5. The learned Motor Accident Claims Tribunal after considering the plea of the claimant and the counter statement of the first respondent had framed three issues, viz., (i) Was the accident caused by the driver of the tempo due to rash and negligent manner? (ii) Whether the claimant is entitled to get compensation? (iii) What other relief?