TATA AIG GENERAL INSURANCE CO. LTD Vs. MADAIYAN

JUDGEMENT

(1.) The Insurance Company aggrieved by the Award passed by the Motor Accident Claims Tribunal, Special Subordinate Court (MACT), Dharmapuri in MCOP Nos.806 and 807 of 2019, dtd. 2/2/2022, have filed these appeals before this Court.

(2.) The 1st respondent in each of these appeals were travelling triples in a two wheeler driven by one Harish at Dharmapuri-Palakode Road on 13/6/2019. When the vehicle approached Pulikarai at about 11.30 hours, the said Harish drove the vehicle in a rash and negligent manner and all of a sudden he applied brakes and as a result, he lost the balance and the claimants sustained injuries. It is under these circumstances, the claimants filed independent claim petition before the Tribunal in MCOP Nos.806 and 807 of 2019 seeking for payment of compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of evidence, came to a conclusion that the two wheeler was driven by the said Harish in a rash and negligent manner and as a result, the accident had taken place in this case. Having rendered such a finding, the Tribunal fixed the total compensation in the case of the claimant in CMA No.1644 of 2022 at Rs.2,41,772.00. Insofar as the claimant relating to CMA No.1645 of 2022, the Tribunal fixed the total compensation at Rs.2,64,381.00. The above compensation was directed to be paid with interest at the rate of 7.5% per annum. Aggrieved by the same, the Insurance Company has preferred these appeals before this Court.