NEW INDIA ASSURANCE CO LTD Vs. T SARAVANAKUMAR

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the Insurance Company against the judgment and decree made in MCOP No. 1815 of 2001 dated 14. 06. 2004 on the file of the Additional District Judge and Special Judge for E. C. Act Cases, Motor Accidents Claims Tribunal, Salem.

(2.) BACKGROUND facts in a nutshell are as follows:-

(3.) LEARNED counsel appearing for the appellant / Insurance Company submitted that the Tribunal is wrong in holding that there is 50% contributory negligence. It is also submitted that the Tribunal ought to have held that it is only the rider of the Hero Honda motorcycle responsible for the accident and hence the Insurance Company is not liable to pay any compensation. It is also vehemently contended that the Tribunal has awarded excessive and exorbitant compensation 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.