(1.) In the accident, which occurred on 29.09.2009, a 45 year old, owner-cum-driver of a lorry, sustained injuries. He was treated in various hospitals. He claimed compensation of Rs.3,00,000/-. The claim was made only against the Insurance Company. On evaluation of pleadings and evidence, the Claims Tribunal held that the Insurance Company is liable to pay compensation and quantified the same at Rs.1,65,000/- with interest at the rate of 7.5% per annum. Challenging the liability, fastened on the Company to pay the abovesaid compensation, the present appeal has been filed.
(2.) Facts morefully set out in the claim petition are as follows:
(3.) The National Insurance Company Ltd., appellant herein, has denied the averments stated supra. In addition to the above, the Company submitted that the claim petition itself is not maintainable in law, either under the Motor Vehicles Act or Workmen's Compensation Act. According to the Company, in view of the specific admission in Ex.P1 - FIR, that the respondent/claimant himself slipped and fell down from the cabin of the lorry, bearing Registration No.TNW 6507 and when Komarapalayam Police, on investigation, found that the there was no accident involving the vehicle and when further action in the criminal case, was dropped, by submitting a final report to the Judicial Magistrate, Tiruchengode, the Company is not liable to pay compensation. As per the conditions of the policy, the respondent/claimant cannot seek for compensation for the disablement, injuries and also for the expenses incurred. Without prejudice to the above, the Insurance Company has disputed the compensation claimed under various heads.