NEW INDIA ASSURANCE COMPANY LIMITED Vs. V SHANTHI

JUDGEMENT

(1.) The Appellant/Insurance Company has filed the present Civil Miscellaneous Appeal as against the Award dated 31.03.2006 in M.C.O.P. No.466 of 2004 passed by the Additional District cum Sessions Court Fast Track Court No.2, Ranipet.

(2.) The Tribunal viz. the Additional District cum Sessions Court/Fast Track Court No.2, Ranipet in the award dated 31.03.2006 in M.C.O.P. No.466 of 2004 has among other things observed that "the driver of the Tractor has admitted the offence before the Criminal Court and as such because of the negligence of the driver of the 5th Respondent/1st Respondent (owner of the Tractor) the incident has taken place and has resultantly passed an award in favour of the Respondents 1 to 4/Claimants holding that they are entitled to receive a sum of Rs.7,50,000/- (Rupees Seven lakhs and fifty thousand only) as total compensation payable by the Appellant/2nd Respondent-Insurance Company together with interest at the rate of 9% from the date of filing of the Petition till the date of realization together with cost and lawyers fees, etc. and passed an Award. Also, the Tribunal in its award has further held that, if the compensation amount as ordered is not paid by the Appellant/Insurance company, then it has to pay a default interest at the rate of 12% per annum, etc.

(3.) The point that arises for consideration in this Civil Miscellaneous Appeal is whether the Tribunal is correct in passing the impugned award dated 31.03.2006 in M.C.O.P. No.466 of 2004.