NATIONAL INSURANCE COMPANY LTD. Vs. M. TAMIZHSELVI

JUDGEMENT

(1.) This appeal has been filed by the National Insurance Company Ltd, challenging the judgment and decree dtd. 1/9/2018 passed by the Motor Accident Claims Tribunal Subordinate Court, Sathyamangalam in MCOP No.447 of 2015.

(2.) On 22/2/2015 when one Muthupandi/deceased, who was an Advocate, aged about 36 years, was proceeding in a Motor cycle, at K.Vilakku to Andipatti main road in the direction of west to east at the left extreme end of the road, an Ambulance bearing Reg. No. TN 39 G 0046 driven by its driver rashly and negligently, dashed against the motorcycle driven by the victim resulting in his death.

(3.) The claim petition was contested by the Insurance Company stating that the deceased did not possess valid driving licence at the time of accident; that no proof had been produced to establish his age and income and that it was the deceased, who negligence had resulted in the accident. However, the Tribunal, on considering the oral and documentary evidence, came to the conclusion that the accident occurred due to the rash and negligent driving of the driver of the Ambulance and fixed the negligence on his part and awarded a sum of Rs.83,10,331.00 as compensation. The amount awarded by the Tribunal is as follows: