(1.) Being aggrieved by the finding, fastening liability on the Insurance Company to pay compensation and also the quantum of compensation of Rs. 3 Lakhs, awarded with interest at the rate of 7.5% per annum, from the date of claim, National Insurance Company Ltd. has filed this appeal. Short facts leading to the appeal are as follows:
(2.) The appellant-Insurance Company has disputed the manner of accident and the nature of injuries. As the injured/claimant himself was the owner of the jeep, the Company has raised an objection, as to how, a claim petition can be maintained against himself, when, he is the insured of the offending vehicle. It was also contended that he cannot be treated as a third party. On the principle that the Insurance Company has is vicariously liable to indemnify the liability of the owner of the vehicle, only to third parties and not to the owner himself, the Company questioned maintainability of the claim petition filed under Section 166 of the Motor Vehicles Act, read with Rule 3 of the Tamil Nadu Motor Vehicles Claims Tribunal. Without prejudice to the above, the appellant-Insurance Company has disputed the nature of injuries, expenses incurred and the quantum of compensation, claimed under various heads.
(3.) Before the Claims Tribunal, the respondent/claimant examined himself as P.W. 1 and P.W.6, is the Doctor, who examined the respondent/claimant, with reference to medical records. Exhibit P-1 - FIR, Exhibit P-2 - Motor Vehicles Inspector's Report, Exhibit P-3 -Sketch, Exhibit P-4 - Charge Sheet, Exhibit P-5 - Policy, Exhibit P-18 - Wound Certificate, Exhibit P-19 - Discharge Summary, Exhibit P-20 - C.T. Scan Report, Exhibit P-21 -Medical Bills, Exhibit P-21 - Medical Bills, Exhibit P-38 - Disability Certificate and Exhibits 39 and 40, X-Rays and the receipts, have been marked on the side of the respondent/claimant. On behalf of the appellant-Insurance Company, one Mr. Devarajan has been examined as R.W. 1 and he has marked Exhibit B-1 - Insurance Policy.