BRANCH MANAGER, NATIONAL INSURANCE CO LTD Vs. AGILAN

JUDGEMENT

(1.) Challenge is made in this appeal to the award of Rs. 5,11,377/-, dated 29.09.2005 and made in MCOP No. 148 of 2008, on the file of the Motor Accidents Claims Tribunal/ (Additional District and Sessions Judge), FTC, Pudukottai.

(2.) The facts which are absolutely necessary for the disposal of this Civil Miscellaneous Appeal are as under: -

(3.) The first Respondent, being the owner of the Earth Mover(Bulldozer) had not contested the claim, as he remained ex-parte. On the other hand, the Appellant Insurance Company being the 2nd Respondent therein, alone had contested the claim petition on various grounds.