ORIENTAL INSURANCE CO LTD Vs. MARIMUTHU

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the Judgment and Decree made in MACT. OP No. 67 of 2003 dated 28. 04. 2006 on the file of the Motor Accident Claims Tribunal (II Additional Subordinate Judge, Full Addl. Charge) at Villupuram.

(2.) BACKGROUND facts in a nutshell are as follows:-The first respondent / claimant was injured in a motor accident on 19. 05. 2002 at 6. 15 p. m. The claimant along with one Punniyamoorthy, who was a pillion rider, was driving TVS-50 bearing Registration No. TN-32-V-1839 belonging to one Sekar, the second respondent herein, near Narasinganoor at the extreme left side of the road in Villupuram-Gingee Road towards Villupuram. At that time, a van belonging to one Manivasagam, the fourth respondent herein, bearing Registration No. TN-39-P-5868, driven by its driver in a rash and negligent manner, dashed against the TVS-50. Due to the accident, the claimant as well as the pillion rider were thrown out and sustained grievous injuries on the head and all over the body. The pillion rider died on his way to the hospital. The claimant claimed a compensation of Rs. 7,00,000/- before the Tribunal. The van was insured with the appellant / Insurance Company who resisted the claim. On the pleadings, the following issues were framed by the Tribunal:-

(3.) LEARNED counsel appearing for the Insurance Company questioned only the quantum of compensation awarded by the Tribunal and stated that it 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.