DHANDAPANI Vs. C PARAMESWARAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 25.11.2002 made in MCOP.No.47/2002 by the learned Principal District Judge (MACT) Namakkal, whereby the Tribunal awarded a sum of Rs.28,165/- as total compensation with interest at 9 per cent p.a. and fastened the liability on the 1st Respondent, the owner of the vehicle, exonerating the 2nd Respondent Insurance Company from the liability.

(2.) THE briefly stated facts are that while the Appellant/claimant, a minor was standing on the Eastern side of the road in front of the Sirunel Kovil Primary School, the tempo (mini lorry) driven in the rash and negligent manner dashed against the claimant, as a result of which, he was thrown out and sustained head injury. The minor claimant represented by his mother Samiyathal filed the claim petition claiming a sum of Rs.1,00,000/- as total compensation. The Tribunal held that the accident had occurred only due to the rash and negligent manner driving of the driver of the tempo and accordingly, awarded compensation as stated above.

(3.) THE only contention of Mr.K.R.A.Muthukirushnan, the learned counsel for the Appellant is that the Tribunal erred in not fastening the liability to pay the compensation on the Insurance Company. The learned counsel would contend that the Insurance Company ought not to have been exonerated from liability to pay compensation. The learned counsel would further contend that the driver of the tempo had driving license only to drive LMVs and therefore, the Insurance Company is liable to pay compensation and that the compensation awarded by the Tribunal is very meagre.