NEW INDIA ASSURANCE CO LTD Vs. BALAN

JUDGEMENT

(1.) THE insurance company is the appellant. The above appeal arises against an award passed by the Tribunal made in M.A.C.T.O.P. No. 5 of 2001. It is a case of injury.

(2.) THE respondent No. 1 as the claimant filed claim petition seeking compensation of Rs. 2,50,000 towards pain and suffering, permanent disability, loss of earning power, etc., and expenditure for treatment and travelling.

(3.) THE respondent No. 2, insurance company, before the Tribunal filed the counter -affidavit and contested the matter. It is stated by the insurance company that the accident took place due to negligence of the claimant and not due to rash and negligent riding of the motor cycle by the respondent No. 1 before the Tribunal. The insurance company also disputed about the petitioner's earning a sum of Rs. 6,500 per month as ration shop owner.