LAWS(MAD)-2014-3-186

THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. KATHIRVEL

Decided On March 17, 2014
The New India Assurance Company Limited Appellant
V/S
Kathirvel Respondents

JUDGEMENT

(1.) BEING aggrieved by the award passed by the Tribunal(Fast Track Court No. II), Madurai in M.C.O.P. No. 168 of 2002, the Insurance companies have filed the above appeal. The brief facts of the case are that:

(2.) RESISTING the claim Petition, the Insurance Company has filed a counter disputing the liability, income of the deceased and the manner of the accident.

(3.) THE Tribunal considering the oral and documentary evidence had come to the conclusion that the accident had taken place only due to the rash and negligent driving of the driver of the lorry and awarded compensation of Rs. 6,40,000/ - with interest at 7.5% p.a. Challenging the quantum of compensation awarded by the Tribunal, the Insurance Company has filed this appeal. The appellant has not disputed the manner of accident and the negligence decided by the Tribunal.