LAWS(MAD)-2021-7-43

UNITED INDIA INSURANCE CO.LTD Vs. P.RAJI

Decided On July 28, 2021
UNITED INDIA INSURANCE CO.LTD Appellant
V/S
P.Raji Respondents

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed by the Insurance company challenging the award dated 11.11.2014 passed by the Motor Accident Claims Tribunal (Special Sub Court No.2, Salem) in MCOP.No.380 of 2012.

(2.) The Appellant has challenged the impugned award on the following grounds: (a) they are not liable to compensate the first respondent/claimant as according to them, he was under the influence of alcohol at the time of the accident and he was responsible for the cause of the accident, since as a rider of the motor cycle, he had driven the said motor cycle from the left to the right side of the road which resulted in collusion between his vehicle and the bus (insured vehicle) which was coming from the opposite direction and (b) the quantum of compensation awarded by the Tribunal is excessive.

(3.) The Tribunal under the impugned award directed the Appellant/Insurance Company to pay the first respondent/claimant a compensation of Rs.2,61,000/- as detailed hereunder: