NATIONAL INSURANCE CO. LTD. Vs. RADHA THEVANNOOR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the impugned award dtd. 13/1/2020 passed by the the Motor Accident Claims Tribunal, Special District Court, Krishnagiri, in M.C.O.P.No.345 of 2015.

(2.) Heard Mr.S.Arun Kumar, learned counsel for the appellant/Insurance Company and Mr.Krishna Ravindran, learned counsel for the respondents 1 to 5 and 7 and Mr.M.Jayaraj, learned counsel appearing for the 8th respondent.

(3.) The Insurance company has challenged the impugned award on the ground that the Tribunal has erroneously awarded compensation inspite of the fact that the accident has occurred due to rash and negligent driving of the deceased, without considering Ex.P.1 FIR registered against the deceased and without appreciating the evidence of R.W.1 to R.W.3 and without taking note of Exs.R.1 to R.5 in proper perspective. The further contention of the learned counsel for the appellant is that the Tribunal erred in relying on the evidence of P.W.3 despite the fact that, P.W.3 came to the spot only after hearing the noise, which is admitted by him during his cross examination. That being so, the claim petition is not maintainable as the deceased himself is a tortfeaser. It is further contented that the compensation awarded is excessive.