BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. KALIMUTHU

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 15.12.2004, made in M.C.O.P.No.85 of 2004, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court No.I, Dharmapuri at Krishnagiri, awarding a compensation of Rs.31,000/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent, The Branch Manager, National Insurance Co., Ltd., Namakkal has filed the above appeal praying to scale down the compensation amount granted by the Tribunal.

(3.) The short facts of the case are as follows: On 28.02.2003, the petitioner was travelling as a pillion rider on the motorcycle bearing registration No.TN29 P6238, for his urgent medical purpose, from Baiyanapalli to Kundrapalli Junction road. The motorcycle was driven by one Varadaraj on the extreme left side of the road, towards Hosur. When the motorcycle was nearing Arunagiri Rice Mill, a lorry bearing registration No.TN47 A7599 belonging to the first respondent and insured with the second respondent, driven by its driver in a rash and negligent manner and at high speed dashed the motorcycle from behind, due to this the rider of the motorcycle lost his control and hit against another motorcycle bearing registration No.KA05 R0402, which came on the opposite direction, as such the petitioner along with the rider of the motorcycle, sustained injuries.