ORIENTAL INSURANCE COMPANY LIMITED Vs. TAMILSELVI

JUDGEMENT

(1.) THE above appeal has been filed by the appellant/THE Oriental Insurance Company against the award and decree passed by the learned Motor Accident Claims Tribunal and Principal District Court, Salem, in MCOP No.934 of 2004, dated 08.08.2006, awarding a compensation of Rs.8,39,000/- with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of making of payment of compensation.

(2.) AGGRIEVED by the said award, the appellant-The Oriental Insurance Company filed this appeal to scale down the said compensation amount.

(3.) THE learned Motor Accident Claims Tribunal, after considering the plea of the claimant and the counter statement of the second respondent, had framed two issues for consideration, namely, (i) Whether the accident occurred due to the rash and negligent driving of the driver of the tanker lorry? (ii) Whether the petitioners are entitled to obtain compensation as claimed in the petition?