ORIENTAL INSURANCE CO. LTD Vs. M. RAVI

JUDGEMENT

(1.) QUESTIONING the quantum of compensation awarded by the Motor Accidents Claims Tribunal (II Additional Subordinate Judge), Coimbatore, dated 26.6.2006 made in M.C.O.P.No.669 of 2001, the Insurance Company has preferred the appeal in C.M.A.No.360 of 2010. Seeking enhancement of compensation, the claimant preferred cross objection in Cross Objection No.74 of 2012.

(2.) THE claim was made by the victim M.Ravi Adaikalavan, represented by his next friend and guardian – wife R.A.Deivanai for the injuries sustained by him in the accident that had occurred on 5.6.1999 involving a lorry bearing Registration No.TN 28 E 8937, which was insured with the appellant insurance company.

(3.) RESISTING the claim, the insurance company filed a counter stating that the accident was due to the rash and negligent act of the victim and therefore, they are not liable to pay any compensation. The insurance company also denied the age, occupation and income of the victim.