NATIONAL INSURANCE COMPANY LIMITED Vs. K. KRISHNAN

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the first respondent.

(2.) The appeal is filed by the Insurance Company on the point that the Tribunal award to compensate the claimant under Section 163(A) is not sustainable, in the light of the provisions of the Motor Vehicles Act as well as the judgement of the Supreme Court. While riding two wheeler on Ettiyampatty to Veerappanaickenpatty road, in front of Chockalingam's land, a TVS 50 came from the opposite direction and dashed against the two wheeler and the claimant fell down from the Motor cycle. He sustained fracture injury in his right knee, lacerated injury in his fore head and lacerated injury in his nose, upper lip and right hip. A claim petition under Section 163 A was filed without adverting negligence.

(3.) The petition was contested by the Insurance Company on the ground that the injury sustained by the claimant are only simple in nature and the accident occurred due to the negligence of the claimant. Hence, the claimant is not entitled for any compensation. The Tribunal, on considering the facts and taking note of the expenses incurred by the victim, had awarded a sum of Rs.1,56,000/-.