LAWS(MAD)-2010-6-373

R MUTHU Vs. SELVARAJ

Decided On June 17, 2010
R. MUTHU AND ANOTHER Appellant
V/S
SELVARAJ Respondents

JUDGEMENT

(1.) C.M.A.Nos1409 of 2002 and 2175 of 2003 are filed by claimant and the Insurance company respectively against the award dated 07.03.2002 made in MCOP No.656 of 1999 by the Motor Accident Claims Tribunal (II Additional Sub Court) Erode.

(2.) SINCE these appeals arise out of the same order, they are taken up together and disposed of by this common judgment.

(3.) THE learned counsel appearing for the Insurance company submitted that the Insurance company is not liable to pay compensation as no extra premium is paid for the person travelling along with goods and therefore, they are not liable to pay compensation and the Tribunal is erred in fastening the liability on the appellant. He also relied on the decision of the Apex Court in the case of NATIONAL INSURANCE CO. LTD. VS. CHOLLETI BHARATAMMA & ORS. reported in AIR 2008 Supreme Court 484 and in the case of NEW INDIA ASSURANCE CO. LTD., VS. VEDWATI & ORS. reported in 2007 (2) TLNJ 83 (Civil) in support of his case. With regard to quantum, he further contended that the amount awarded by the Tribunal is excessive, exorbitant, without basis and justification and that therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.