NEW INDIA ASSURANCE CO LTD Vs. R LOGANATHAN

JUDGEMENT

(1.) AGGRIEVED by the award of the Minor Accidents Claims Tribunal (Sub Court), Karur dated 23.12.1996, made in M.C.O.P.No.84 of 1993, the New India Assurance Company Limited, Karur has filed the above appeal. The first respondent herein/claimant has also filed Cross Objection No.81 of 97 praying for the disallowed claim of Rs.1,00,000. Since both the appeal and cross objection arise out of the very same claim petition, they are being disposed of by the following common judgment.

(2.) IN respect of grievous injuries sustained in a motor accident that took place on 5.11.1992, the claimant/first respondent herein prayed for a compensation of Rs.2 lakhs. Before the Tribunal, the claimant himself got examined as P.W.1 and Dr.Angamuthu as P.W.2, besides marking Exs.P-1 to P-19. On side of the owner and insurer, no evidence was let in and no document was produced before it. The tribunal on appreciation of the materials placed before it, after holding that the accident as caused due to the negligence of the driver of the vehicle in question, passed an award for Rs.32,520. Questioning the same, the INsurance Company has filed the present appeal and the claimant has also filed the above cross objection seeking higher compensation.

(3.) NET result, Civil Miscellaneous Appeal No.522 of 1997 is dismissed. Cross Objection No.81 of 1997 is partly allowed. No costs.