ORIENTAL INSURANCE CO. LTD Vs. PAULDURAI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company as against the award dated 9.4.2007 made in M.C.O.P. No.852 of 2005 on the file of the Motor Accident Claims Tribunal cum Principal Sub-Judge, Tirunelveli, by questioning the finding of the Tribunal in fixing the liability on the part of the Insurance Company in paying the compensation amount indemnifying the owner of the vehicle.

(2.) THE learned Counsel for the Appellant submitted that it is the case of the Respondent/Claimant that on 19.9.2005, while he was travelling in a Tractor sitting adjacent to the driver as a loadman, the said Tractor met with an accident and in which the injured-Claimant sustained grievous injuries and hence, he made a claim as against the owner of the Tractor and Insurer.

(3.) IN order to prove the defence on the side of the Appellant/Insurance Company, three witnesses were examined as R.W.1 to R.W.3 and two documents were marked as Exs.R1 & R2. But in spite of the evidence, the Tribunal has come to the conclusion that the Insurance Company is liable to pay the compensation. Hence, the Insurance Company has filed the present Appeal.