ORIENTAL INSURANCE CO. LTD Vs. ANANDHAN

JUDGEMENT

(1.) The second respondent Insurance Company before the Motor Accidents Claims Tribunal at Vaniyambadi, is the appellant herein. This appeal has been filed seeking to set aside the order dtd. 21/7/2012 passed by the Motor Accidents Claims Tribunal (Subordinate Judge) at Vaniyambadi in M.C.O.P.No.30 of 2010.

(2.) The brief facts of the case is that the first respondent was working in M/s.Sridharshan Package Industries. On 26/10/2009 evening, the first respondent loaded the package materials in the Eicher Vehicle bearing Registration No.Ka-03-8333 belonging to the second respondent and insured with the appellant and proceeded along with the goods to Tambaram, Chennai to deliver the same. At about 02.00 hours (27/10/2009) they were nearing South to Kaali Kovil near Bharathidasan College in Krishnagiri - Vaniyambadi Road. Due to rash and negligent driving, the driver lost his control and dashed against the back side of a unknown lorry and due to the sudden impact, the first respondent sustained injuries.

(3.) Thereafter, the injured first respondent/ claimant filed claim petition before the Motor Accidents Claims Tribunal at Vaniyambadi, claiming compensation of Rs.7.00 Lakhs. After adjudication, the Motor Accidents Claims Tribunal at Vaniyambadi awarded a sum of Rs.1,25,600.00 with interest at the rate of 7% from the date of petition till the date of award and directed the appellant Insurance Company to pay the compensation on behalf of the second respondent/ owner of the vehicle. Aggrieved by the same, the appellant Insurance Company has filed this appeal.