BRANCH MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. BALUCHAMY AND THE COMMISSIONER, PARAMAKUDI MUNICIPALITY

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent/United India Insurance Company Limited, against the Award and Decree passed in M.C.O.P. No. 102 of 2005, dated 21.11.2006, on the file of the Motor Accident Claims Tribunal/Sub Court, Paramakudi, for awarding a compensation of Rs. 2,35,000/- together with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation. Aggrieved by the said Award and Decree, the appellant herein filed this appeal to reduce the said compensation from a sum of Rs. 2,35,000/-.

(2.) The short facts of the case are as follows:

(3.) The second respondent herein/first respondent in M.C.O.P. No. 102 of 2005 was set exparte before the Tribunal. The appellant United India Insurance Company had filed counter statement and resisted the claim. In the counter statement, the appellant Insurance Company has stated that the said accident had happened due to the rashness and negligence of the claimant. As such, he is not entitled for any compensation against the Insurance Company. Further, as per medical records, the age of the claimant was 70 years. The appellant further stated that the claimant was not a load man and his earning was not Rs. 5,000/- per month. The appellant categorically denied the age and income of the claimant. As such, the compensation claimed by the claimant is an exorbitant one.