NATIONAL INSURANCE CO. LTD. Vs. A.GOPAL

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 25.01.2008, made in M.C.O.P. No.2428 of 2002, on the file of the III Court of Small Causes Court, (Motor Accident Claims Tribunal), Chennai.

(2.) The appellant is the 2nd respondent in M.C.O.P. No.2428 of 2002, on the file of the III Court of Small Causes Court, (Motor Accident Claims Tribunal), Chennai. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.2,00,000/- as compensation for the injuries sustained by him in the accident that took place on 25.08.2000.

(3.) According to the 1st respondent, on the date of accident, when he was traveling in an Auto bearing Registration No.TSI-9554 belonging to the 2nd respondent in 100 feet road opposite to Koyambedu New Bus Stand, the driver of the Auto drove the same in a rash and negligent manner and dashed against the stationary Lorry and caused the accident. In the accident, the 1st respondent sustained grievous injuries. The accident occurred only due to rash and negligent driving by driver of the Auto belonging to the 2nd respondent. Hence, the 1st respondent filed claim petition claiming compensation against the 2nd respondent and appellant as owner and insurer of the Auto.