NATIONAL INSURANCE CO. LTD. Vs. G. BALUCHAMY

JUDGEMENT

(1.) CHALLENGE in this civil miscellaneous appeal is to the award passed by the Motor Accidents Claims Tribunal viz., Sub Judge, Periyakulam in M.C.O.P.No. 42 of 1998 dated 5.2.2003 awarding a compensation of Rs.77,500/ - to the first respondent/claimant together with interest at 9% per annum from the date of filing of the petition till date of payment.

(2.) THE short facts of the claim are as follows:

(3.) BEFORE the Tribunal, on the side of first respondent/claimant witnesses P.W.1 and P.W.2 were examined and Ex.A.1 to A.3 were marked. On the side of the appellant/second respondent witnesses R.W.1 to R.W.3 were examined and Ex.R.1 to R.7 were marked and witness side Ex.X.1 to X.5 were marked and Ex.C.1 was marked. After contest, the Tribunal, on an appreciation of oral and documentary evidence, has passed an award granting a compensation of Rs.77,500/ - (Rupees Seventy -seven thousand and five hundred only) along with interest at 9% per annum from the date of petition till date of payment together with costs payable by the appellant/second respondent Insurance Company.