UNITED INDIA INSURANCE CO LTD Vs. NATESAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 27.09.2004, made in M.C.O.P.No.69 of 2003, on the file of the Motor Accident Claims Tribunal, District Court, Perambalur, awarding a compensation of Rs.75,000/- 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 Motor Accident Claims Tribunal framed two issues for the consideration namely: (i) Whether the accident took place due to the rash and negligent driving of the first respondent's lorry driver? (ii) Whether the petitioner is entitled to recover compensation? If so, what is the quantum of compensation, which he is entitled to get?