MANAGER UNITED INDIA INSURANCE COMPANY LIMITED Vs. SURIYARAJ

JUDGEMENT

(1.) The appellant is the Insurance Company. The van of the second respondent was insured with the appellant. The first respondent, who is a minor and her mother travelled in the said van. On 04.08.2000, when the said van proceeded from Courtallam to Tenkasi, involved in an accident with the bus owned by the Tamil Nadu State Transport Corporation. The minor received head injuries and suffered 50% permanent partial disability. M.C.O.P.No.604 of 2001 was filed claiming compensation for the injuries suffered by the minor. The Tribunal awarded Rs.79,950/- as compensation with 9% interest and costs. The appeal is against the said order.

(2.) When the application seeking interim relief came up for hearing, the learned counsel appearing on either side expressed their willingness for taking up the appeal. Hence, with the consent of the learned counsel appearing on either side, the appeal is taken up for final disposal.

(3.) The only contention of the learned counsel for the appellant is that the Tribunal committed error in holding that the driver of the van drove the vehicle in a rash and negligent manner and caused the accident. The learned counsel further submits that while the mother of the minor gave First Information Report-Ex.P1, stating that the driver of the bus belonging to the Tamil Nadu State Transport Corporation was rash and negligent and caused the accident, the mother deposed contradicting her own statement made in the First Information Report and that therefore, the Tribunal should have held that the driver of the bus was responsible for the accident.