NEW INDIA ASSURANCE CO LTD Vs. K RAMESHKUMAR

JUDGEMENT

(1.) The Insurance Company has challenged the award of Motor Accidents Claims Tribunal (Subordinate Court),Udumalpet made in M.A.C.T.O.P. No. 295 of 2002. In the above appeal, the claimant is the 1st Respondent, the 2nd Respondent is the rider of the motor cycle bearing registration No. TN 41 H 4757 and the 3rd Respondent is the owner of the motor cycle. The Insurance Company has challenged the award, both on the question of negligence a swell as quantum.

(2.) The brief facts necessary for the disposal of the above appeal are as follows:

(3.) The Appellant/ Insurance Company in their counter had stated that the 1st Respondent was the root cause for the alleged accident and the accident has not taken place due to the rash and negligent driving of the 2nd Respondent, therefore, the Insurance Company is not liable to pay any amount to the 1st Respondent. The Appellant also stated that it is a false story put up by the 1st Respondent to shift the negligence on the part of the 2nd Respondent by influencing the Police Authorities. The Appellant/Insurance Company also disputed the amount spent towards medical expenses by the 1st Respondent/ claimant.