MANAGER UNITED INDIA INSURANCE CO LTD Vs. MAGESWARI

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree of in m. C. O. P. No. 209 of 1999 dated 30. 03. 2001 on the file of the Motor Accidents claims Tribunal - Sub Court, Kovilpatti.

(2.) THE challenge in this Civil Miscellaneous Appeal is relating to the quantum of compensation awarded by the Tribunal, vide judgment dated 30. 03. 2001, to a tune of Rs. 73,149/- (Rupees Seventy Three Thousand One Hundred and Forty nine only) on the following sub-heads: <FRM>JUDGEMENT_1379_TLMAD0_2007Html1.htm</FRM>

(3.) BEING aggrieved by and dissatisfied with, the award passed by the tribunal, the appellant herein/insurance Company, raised the main grounds of appeal to the effect that even though it is a case wherein there was head on collusion between two numbers of four wheelers to wit, the bus belonging to the pandian Roadways Corporation, the third respondent herein and the lorry belonging to the second respondent herein, yet the Tribunal fixed the responsibility only on the driver of the lorry and thereby awarded the compensation to be paid by the owner of the lorry as well as the insurer of the lorry, namely the appellant herein.