IFFCO TOYKO GENERAL INSURANCE CO.LTD. Vs. RAYMOND

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant-Insurance Company against the award of Rs. 1,38,000.00 (Rupees One Lakh and Thirty Eight Thousand only) for the death of one Gregory, aged about 65 years, who was doing fishing, in the accident occurred on 27.10.2006.

(2.) Heard Mrs. K.R. Shiva Sankari, learned Counsel appearing on behalf of Mr. S. Srinivasa Raghavan, learned Counsel for the appellant-Insurance Company and Mr. S. Subbiah, learned Counsel for the respondents 1 to 6/claimants.

(3.) Since the quantum alone is in question, the liability has not been gone into. In any event, the negligence aspect is confirmed as the Tribunal, based on evidence, rightly fixed the negligence on the part of the driver of the Tempo belonging to the eighth respondent and insured with the appellant-Insurance Company.