NEW INDIA ASSURANCE CO LTD Vs. D RADHAKRISHNAN

JUDGEMENT

(1.) Heard the submissions made by Mr. C. Ramesh Babu, learned counsel representing the appellant and Ms. A. Sagaya Selvi, learned counsel representing the respondent No. 1. The materials available on record were also perused.

(2.) New India Assurance Co. Ltd. which figured as respondent No. 2 before the Tribunal in M.A.C.T.O.P. No. 444 of 1998 is the appellant herein. The said M.A.C.T.O.P. was filed by the respondent No. 1 herein claiming a sum of Rs. 2,50,000 as compensation from the appellant herein and respondent No. 2 herein in their capacities as insurer and owner of offending vehicle respectively. The respondent No. 2, namely, the owner of the offending vehicle has remained absent and was set ex parte before the Tribunal. The appellant herein, namely, insurer of the offending vehicle alone contested the case.

(3.) After trial, the Tribunal allowed the claim in part holding the appellant and the respondent No. 2 herein jointly and severally liable to pay compensation to the petitioner for the injuries sustained by him in the accident in question that took place on 22.9.1996. The Tribunal quantified the compensation at Rs. 1,76,735 and directed the same to be paid with interest at the rate of 9 per cent per annum from the date of petition till realization. Proportionate cost was also awarded. Challenging the said award both on the question of liability and on the question of quantum, the appellant insurance company has brought forth this civil miscellaneous appeal taking various grounds set out in the memorandum of appeal.