NEW INDIA ASSURANCE COMPANY LTD Vs. DHARANIDEVI

JUDGEMENT

(1.) THE appeal has been preferred by the Appellant/Insurance Company against the Decree and Judgment dated 28.12.2005 made in MCOP No.308 of 2004 on the file of the Motor Accident Claims Tribunal (II Additional Sub Court), Gobichettipalayam. Aggrieved against the award of the tribunal, the Insurance Company has preferred this appeal.

(2.) ACCORDING to the Insurance Company, they deny both the liability as well as the quantum. The liability is denied on the ground that in the FIR, the vehicle number has not been mentioned and it is only mentioned as unidentified lorry dashed against the deceased and went away without stopping. But subsequently in the charge sheet, the vehicle number has been included for which there is no evidence. Even though the driver of the lorry has accepted the offence and paid the fine, that by itself would not amount to the Insurance Company accepting the liability as the criminal court case judgment is not binding on the Civil Court and there is no independent evidence to show that the vehicle has been involved and failed to prove the involvement of the vehicle. As far as the quantum is concerned, there is no independent evidence to fix the the income of the deceased at Rs.5,000/- per month and there is no evidence or document produced to fix the same. Therefore, aggrieved against the quantum of compensation, the Insurance Company has come forward with this appeal.

(3.) THE points for consideration in this appeal are -