ORIENTAL INSURANCE CO. LTD Vs. M. SELVARAJ (MINOR)

JUDGEMENT

(1.) The appellant/Insurance Company preferred this appeal challenging the judgment and award passed by the Motor Accident Claims Tribunal-cum-Sub-Court, Aruppukkottai in M.C.O.P.No.49 of 2008, dated 12.02.2009.

(2.) This is a case of injury and the claimant was 16 years old on the date of accident, which took place on 26.02.2007. It is the case of the claimant that when he was travelling along with his maternal uncle, he drove the vehicle in a rash and negligent manner and caused the accident. In the impact, he fell down and sustained fracture and injuries. Though, he claimed a sum of Rs.1,40,000/- towards compensation, but the Tribunal awarded only a sum of Rs.70,000/- along with interest at the rate of 7.5% p.a.,

(3.) Mr.K.Bhaskaran, learned counsel appearing for the appellant/Insurance Company would urge that the Accident Register shows that the Two-wheeler was driven by the father of the claimant, but in the claim petition it is stated that the rider of the motorcycle was the claimant's uncle Malaichamy. It is next contented that the Tribunal has not properly appreciated the evidence adduced by the parties, directed the Insurance Company to pay the compensation.