NATIONAL INSURANCE CO. LTD Vs. ANTHONY ALIAS RAKESH

JUDGEMENT

(1.) This appeal has been preferred by the insurance company against the award dated 30.11.2007 passed by the Motor Accidents Claims Tribunal (Additional District & Sessions Judge, Fast Track Court-V), Chennai in M.C.O.P. No. 3710 of 2001. The cross-objection has been filed by the claimants seeking an enhancement.

(2.) For the sake of convenience, parties will be referred to as per their rank in the original petition.

(3.) Initially, the claim petition was filed by Anthony alias Anthony Rakesh seeking compensation of Rs. 1,50,000 for the injuries sustained by him due to the accident that occurred on 20.7.2001. The claim petition was filed on 26.7.2001 and during the pendency of the claim petition, Anthony alias Anthony Rakesh passed away due to complications of the injuries. The legal heirs were impleaded and the claim petition was amended and the claim was altered to Rs. 8,00,000. After considering the oral as well as documentary evidence, the Tribunal has awarded Rs. 4,30,000 with costs and interest at the rate of 12 per cent per annum. Aggrieved, the appeal has been filed by the insurance company and the cross-objections have been filed by the claimants for enhancement.