UNITED INDIA INSURANCE COMPANY LIMITED Vs. B KRISHNAMOORTHY

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the Appellant/third respondent against the Award and Decree dated 10.10.2005, made in M.C.O.P.No.739 of 2004 , on the file of the Motor Accident Claims Tribunal (III Additional Sub court), Coimbatore, awarding a compensation amount of Rs.5,19,218/- 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, (III Additional Sub court), Coimbatore. in M.C.O.P.No.739 of 2004, the appellant /United India Insurance Corporation Limited, Salem has filed this appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE Motor Accident Claims Tribunal framed three issues for the consideration namely: (i) Was the accident committed by the first respondent due to the rash and negligent driving? (ii) Whether the petitioner is entitled to get compensation? If, so what is the quantum of compensation? (iii) Whether the petitioner is entitled to get compensation as he prayed for?