NEW INDIA ASSURANCE CO LTD Vs. RAJENDRAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the judgment and decree made in MCOP No. 352 of 2003 dated 26. 07. 2005 on the file of the Principal Sub Court, Motor Accidents Claims Tribunal, Gobichettipalayam.

(2.) BACKGROUND facts in a nutshell are as follows:-The claimant was injured in a road traffic accident on 21. 05. 2002. On 21. 05. 2002 at about 10. 30 p. m. , the first respondent / claimant was riding the motorcycle bearing Registration No. TN-20-A-6337 from south to north direction on the Kunnathur to Athiyur Road. When he was nearing Thiruvaimudaliyur Milk Society, another motorcycle bearing Registration No. TN-28-7899, driven by one Ravi Kumar in a rash and negligent manner, came from the opposite direction without horn and suddenly dashed against the motorcycle of the claimant. Due to the accident, the claimant sustained severe injuries all over the body. The claimant claimed a compensation of Rs. 12,15,000/- but restricted to Rs. 10,00,000/- before the Tribunal. The motorcycle bearing Registration No. TN-28-7899 was insured with the appellant / Insurance Company. The Insurance Company resisted the claim. On pleading, the following issues were framed by the Tribunal:-a) Whether the accident had occurred due to the rash and negligent driving of the driver of the motorcycle which was insured with the appellant / Insurance Company? b) Whether the claimant is entitled for any compensation? If so, what is the amount and from whom? after considering the oral and documentary evidence, the Tribunal has awarded a compensation of Rs. 4,19,400/- with interest at 6% p. a. from the date of petition. Aggrieved by the award, the Insurance Company has filed the present appeal.

(3.) LEARNED counsel appearing for the Insurance Company has submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the motorcycle insured with the appellant / Insurance Company. It is also submitted that the award of the Tribunal is excessive and exorbitant, without basis and justification, and that therefore, the order passed by the Tribunal is not in accordance with law and the same has to be set aside.