RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. S. VEERAMANI

JUDGEMENT

(1.) The appellant-United India Insurance Company Limited has preferred the present Civil Miscellaneous Appeal against the judgment and decree dated 29.04.2017 passed in M.C.O.P. No.843 of 2015 on the file of the learned II Additional District Judge, II Additional District Court-cumMotor Accidents Claims Tribunal, Tirupur.

(2.) The learned counsel appearing on behalf of the appellantInsurance Company mainly contended that the Tribunal has committed an error by not considering the facts that the deceased did not sit properly as a pillion rider in the vehicle and the accident occurred due to the carelessness of the deceased and therefore, the Tribunal ought to have taken note of these facts. The driving license was not properly verified by the Tribunal and the FIR cannot be a conclusive proof.

(3.) In the absence of any material evidence, the Tribunal arrived the loss of income of the deceased. Thus, the assessment of the Tribunal is to be reviewed. The compensation granted under other heads are also on the higher side and therefore, the appellant-Insurance Company has chosen to file the present Civil Miscellaneous Appeal.