NATIONAL INSURANCE COMPANY LIMITED Vs. SAMIYATHAL

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accident Claims Tribunal (Principal Subordinate Judge), Erode, dated 31-01-1996 made in M.C.O.P.No. 336 of 1992, National Insurance Company Limited, Bhavani has preferred the above appeal.

(2.) In respect of death of one Karuppanna Gounder in a motor accident that took place on 04-12-1988, his widow and children preferred a claim for Rs.2,00,000/-. Before the Tribunal, the first claimant, widow of the deceased got herself examined as P.W.1 and she also examined two more witnesses as P.Ws.2 and 3, besides marking documents as Exs. P-1 to P-7 in support of their claim for compensation. On the side of the Insurance Company, their officer was examined as R.W.1 and documents were marked as Exs.R-1 to R-5. The Tribunal, on appreciation of the evidence, both oral and documentary, after holding that the accident was caused due to negligence on the part of the driver of the lorry, passed an award for Rs.1,61,000/- and directed the Insurance company/appellant herein to settle the same. Questioning its liability, the Insurance company has preferred the present appeal.

(3.) Heard the learned counsel for the appellant as well as respondents.