NEW INDIA ASSURANCE COMPANY LIMITED Vs. GANAPATHY

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / New India Assurance Company Limited against the judgment and decree made in M.C.O.P.No.1078 of 2008, dated 19.08.2010, on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dharmapuri.

(2.) THE short facts of the case are as follows: - On 21.05.2008, at about 00.30 hours, the petitioner and one Kannappan had travelled in a mini door tempo bearing Registration No.TN29 -AA -3069 on the Mettur to Erode Main Road. At that time, the tempo capsized due to negligent driving of the driver. In the result, the petitioner had sustained grievous injuries. Hence the claimant had filed the compensation against the respondents for a sum of Rs.7,00,000/ - with interest.

(3.) ON the averments of both parties, the Tribunal had framed two issues for consideration, namely;