NATIONAL INSURANCE COMPANY LIMITED Vs. T.G. PARTHASARATHY

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the National Insurance Company challenging the award passed in MACT.O.P.No.2706 of 2005 on the file of the Motor Accidents Claims Tribunal (III Judges, Small Causes Court), Chennai.

(2.) THE said O.P. was filed by one Mr. Parthasarathy husband of one Chandra, who died in the accident that took place on 3.10.2004. As against the claim of Rs. 8,00,000/ - the Tribunal, by order dated 10.12.2009 has passed an award to the tune of Rs. 4,44,000/ -.

(3.) FURTHER , according to the learned Counsel for the Appellant, though in the Claim Petition, it is stated that due to the rash and negligent driving of both the Vehicles, the accident had occurred, but, as per the Proof Affidavit and also the Section Alteration Report, the accident had taken place only due to the negligence on the part of the Autorickshaw. When there is no negligence on the part of the Two Wheeler, the question of payment of compensation by the Appellant does not raise. Apart from this, learned Counsel for the Appellant has also relied on the evidence of PW2, who is an independent witness, based on whose evidence, the Tribunal has accepted the stand of the Claimant and allowed the compensation. PW2, in this cross -examination, has stated as follows: ''TAMIL ''