NEW INDIA ASSURANCE CO LTD Vs. K KARTHEESWARAN

JUDGEMENT

(1.) The above appeal has been preferred against the judgment and award of the Motor Accidents Claims Tribunal at Chennai (V Judge, Court of Small Causes), dated 4.4.2000 made in M.C.O.P. No. 917 of 1997, by the insurer of the vehicle being aggrieved by the award.

(2.) This court ordered notice of motion on 12.12.2000 and granted interim stay of further proceedings of the said award on condition that the appellant deposits 25 per cent of the amount awarded by the Claims Tribunal within a period of eight weeks. This court called for the records relating to the said claim petition by order dated 12.4.2001. As per the orders of the Hon'ble Chief Justice, the above appeal is posted before this Division Bench.

(3.) Heard Mr. Krishnamurthy, learned counsel appearing for the appellant, Mr. C. Munuswamy for Mr. M. Swamikannu, learned counsel appearing for the respondent No. 1. None appears for the respondent No. 2, who remained ex parte before the Tribunal.