NEW INDIA ASSURANCE COMPANY LTD Vs. NAGARAJAN

JUDGEMENT

(1.) INSURANCE Company has filed this appeal, aggrieved over the award of Rs. 1,50,000. 00, Rs. 2,85,000. 00 and Rs. 3,50,000. 00, made in MACT o. P. No. 324,325 and 329 of 1996, on the file of Motor Accident Claims Tribunal (Sub-Court, Tiruppur , for the injuries sustained by first respondents/claimants.

(2.) ONE of the claimants, namely, Shanmugasundara m lodged an FIR with the police, stating that on 20/1/1996, at about 11. 00 p. m. , while he was going by his motorcycle, bearing registration No. T N 38 2434, along with his colleagues Ponnuchamy and Nagarajan near Karuperumal Temple in Jallipatti , a lorry, bearing registration No. TN 41 Y 1444, came from the opposite direction and on seeing the lorry approaching in a hectic speed, he stopped the motorcycle, but the lorry dashed against the motorcycle, causing injuries to the trio.

(3.) IT is noteworthy to mention here that the driver of the lorry admitted the offence before the Court of Judicial Magistrate and paid a fine of Rs. 1 ,000. 00. Hence, negligence on the part of the driver has been established.