ORIENTAL INSURANCE CO LTD Vs. SAMPATH

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 01.07.2003, made in M.C.O.P.No.156 of 1998, on the file of the Motor Accident Claims Tribunal, Principal District Court, Vellore, awarding a compensation of Rs.1,12,300/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to set aside the said award and decree passed by the Tribunal.

(3.) THE second respondent, in his Counter, has resisted the claim denying the averments in the claim regarding the age, income and occupation of the petitioner as also the manner of the accident, nature of injuries, period of treatment, disability and medical expenses. Further, the respondent has submitted that the petitioner should also prove that the said lorry had been covered under a valid policy of insurance with them and that it was operated with a valid permit, F.C., R.C, I.C., taxation etc., at the time of accident. It has also been submitted that the said lorry was driven carefully by the driver of the lorry and that the accident was caused only due to the negligence of the petitioner. As such, the respondent has submitted that the claim is excessive and has to be dismissed with costs.