NATIONAL INSURANCE CO LTD Vs. VIJAYARAGAVAN

JUDGEMENT

(1.) This case was heard through Video Conferencing This appeal has been filed by the Insurance Company challenging the award dated 28.04.2009 passed by the Motor Accidents Claims Tribunal, (I Additional Sub Court, Villupuram) in MCOP No.106 of 2004.

(2.) The first respondent /claimant sustained injuries as a result of an accident on 11.08.2002 involving a bus owned by the second respondent / Transport Corporation and a van insured with the appellant /Insurance Company. The first respondent was travelling in the bus owned by the second respondent / Transport Corporation and as a result of the collision between the two vehicles, he sustained injuries. He preferred a claim before the Motor Accidents Claims Tribunal ((I Additional Sub Court, Villupuram) in MCOP No.106 of 2004 seeking compensation of Rs.2,00,000/- for the injuries sustained by him.

(3.) The Motor Accident Claims Tribunal (I Additional Sub Court), Villupuram under the impugned common award fixed the contributory negligence of both the vehicles in the ratio of 50 : 50 and assessed the total compensation payable to the first respondent / claimant at Rs.1,30,000/- together with interests and costs as detailed hereunder :