BALASUBRAMANIAM Vs. SELVI

JUDGEMENT

(1.) The appeal is preferred by the owner of the van as well as the National Insurance Company Limited against award dated 9.3.2001 made in MCOP No. 893 of 1997 by the Motor Accident Claims Tribunal (Subordinate Judge), Dharapuram.

(2.) Background facts in a nutshell are as follows:

(3.) Learned Counsel appearing for the second appellant/Insurance Company vehemently contended that the Tribunal is wrong in fixing the negligence only on the part of the driver of the van and also contended that the Tribunal has awarded an exorbitant compensation without basis and justification and further submitted that the rate of interest awarded by the Tribunal at 12% is excessive and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.