NATIONAL INSURANCE COMPANY NAMAKKAL Vs. HARISHNAKAR ALIAS SARAVANAN

JUDGEMENT

(1.) Aggrieved over the quantum of compensation awarded in the claim petition filed by the claimant / the first respondent herein in M.C.O.P.No.567 of 2006, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Namakkal, the present appeal has been filed by the insurance company stating that the amount awarded by the Tribunal is highly excessive and arbitrary.

(2.) It is the case of the claimant / first respondent herein before the Tribunal that on 2.5.2006 at about 4.00 a.m., he had travelled in a Maruti Omni Van bearing registration No.TN 27 KO331 from Thiruppur to Salem along with his friends and relatives in Salem-Coimbatore NH 47 road. When the said Maruti Omni Van was coming near Punjab National Bank Ltd., a lorry bearing registration No.KA 01 AA 1219 came in a rash and negligent manner and dashed against the Maruti Omni Van. Due to the said accident, the claimant has sustained multiple grievous injuries on his legs, left and right thigh and dislocation of hip and injuries all over his body. Hence, he has made a claim as against the owner of the vehicle and its insurer, claiming a sum of Rs.19,00,000/- as compensation.

(3.) Resisting the claim petition, the insurance company has filed a counter affidavit denying the nature of injuries, period of treatment and alleged disability sustained by the injured victim. Further, in the counter affidavit, it has been stated that the insurance company is not liable to pay any compensation and sought for dismissal of the claim petition.