ORIENTAL INSURANCE CO. LTD Vs. RAMALINGAM

JUDGEMENT

(1.) The Respondent-Insurance Company before the Motor Accidents Claims Tribunal is the Appellant herein. This Appeal has been filed against the Judgment and Decree, dtd. 1/8/2019 passed by the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Krishnagiri District, in M.C.O.P. No.1090 of 2011.

(2.) The brief facts of the case is that on 3/10/2007, at about 8.30 p.m., the Respondent was proceeding in his Yamaha Crux Bike bearing Registration No.TN-29-M-1640 from Samalpatty to his village near Manal Pallam. At that time a Hero Honda Splendor Bike bearing Registration No.TN-24-B-6850 came in the opposite direction and due to the bad condition of the road and lightings, both the Motorcycles dashed and both the Motorcyclists sustained injuries.

(3.) Thereafter, the injured Claimant/Respondent filed Claim Petition before the Motor Accidents Claims Tribunal, claiming Compensation of Rs.4.00Lakhs. After adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.3,42,501.00 with Interest at the rate of 8% p.a. from the date of Petition till the date of realisation and proportionate Costs and directed the Appellant-Insurance Company to deposit the Compensation. Aggrieved by the same, the Appellant-Insurance Company has filed this Appeal.