NEW INDIA ASSURANCE CO.LTD Vs. L.AGNES

JUDGEMENT

(1.) BEING aggrieved over the finding rendered by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court), Tirupatthur, in M.C.O.P.No. 212 of 2008, in fixing 50% liability on the part of the insurer of a lorry bearing registration No.HR 38 H 9672 as well as the quantum of compensation awarded by the Tribunal, New India Assurance Company Limited has filed the present appeal.

(2.) APPELLANT herein is the 4th respondent before the Tribunal. Respondents 1 to 4 herein are the claimants. 5th respondent is the owner of one Scorpio Car bearing registration No. TN 23 J 8611. 6th respondent is the insurer of the said Car. 7th respondent is the owner of the lorry bearing registration No. HR 38 H 9672 and the same was insured with the Appellant Insurance Company.

(3.) RESISTING the said claim petition, Appellant Insurance Company filed a counter stating that the accident had occurred only due to the rash and negligent driving of the driver of the car, in which the deceased had travelled. Absolutely there was no negligence on the part of the driver of the lorry. Hence, they are not liable to pay compensation. Further, the Insurance Company has also denied the age, income and occupation of the deceased.