(1.) National Insurance Co. Ltd., being aggrieved by the award passed by Motor Accidents Claims Tribunal, Madras, in M.C.O.P. No. 435 of 1992, has preferred the above appeal.
(2.) The respondent No. 1 herein filed a petition in M.C.O.P. No. 435 of 1992 before the Motor Accidents Claims Tribunal, Madras, under sections 140 and 166 of the Motor Vehicles Act read with rule 3 of the Motor Accidents Claims Tribunal Rules, praying the Tribunal to fix the compensation payable to him at Rs. 1,00,000 and to further hold that the owner and insurer of the vehicle in question, viz., lorry bearing registration No. TN 28-Y 3839 are vicariously liable to compensate him for the injuries sustained by him. The respondent No. 1 herein, as petitioner, has stated in the petition filed by him that when he was riding in his scooter bearing registration No. TMA 1033 in E.V.R. Salai from east to west, the lorry in question, viz., TN 28-Y 3839 owned by the respondent No. 1 in the claim petition which was also coming in the same direction, driven in a rash and negligent manner, hit him from behind as a result of which he was thrown off the scooter and sustained grievous injuries. The respondent No. 1 herein claimed a total compensation of Rs. 1,00,000 on various heads.
(3.) The appellant herein, as respondent No. 2 in the claim petition, filed a counter raising various pleas. It is contended therein that the policy produced is a forged one and that in fact, no premium was received by the insurance company for the insurance policy and hence, the insurance company is not liable to pay any compensation to the injured. A further contention has also been raised to the effect that the accident had taken place only due to the fault of the respondent No. 1 herein, who was riding in his motor cycle. A specific averment is made that the driver of the lorry drove the vehicle slowly and cautiously. Appellant- respondent No. 2 also put the respondent No. 1-claimant to strict proof of the injuries sustained by him and eligibility to claim such a huge compensation.