NATIONAL INSURANCE CO LTD Vs. FRANCIS XAVIER

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 as against the order of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), Krishnagiri dated made in M.C.O.P.No.831 of 2000.THIS civil miscellaneous appeal is directed against the judgment and award of the Motor Accidents Claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), Krishnagiri dated 23.01.2002 made in MCOP No.831 of 2000.

(2.) THE National Insurance Co. Ltd., which figured as the second respondent in the above said MCOP is the appellant herein. THE claimant and the first respondent in the MCOP are respectively respondents 1 and 2 in the civil miscellaneous appeal. THE first respondent herein had made a claim of Rs.3,00,000/- as compensation for the injuries sustained by him in a road accident that took place on 21.06.2000 at about 5.30 p.m in Krishnagiri.

(3.) THE second respondent herein, namely the owner of the vehicle involved in the accident who figured as the first respondent in the MCOP did not contest the same and remained ex-parte. THE appellant insurance company arrayed as the second respondent in the MCOP alone contested the case. In the counter statement, besides denying the petition averments that the accident took place due to the rash and negligent driving of the motorcycle by its rider, the appellant herein contended that due to the sudden crossing of the elderly person which could not be anticipated by the rider of the motorcycle, he had to apply the brake and swerve the vehicle towards his left in order to avoid hitting the pedestrian that in the said process, the first respondent herein, without even informing the rider of the motorcycle jumped from the vehicle, on account of which the rider of the motorcycle lost his balance and consequently, the vehicle skidded and fell on the road. THE appellant herein also questioned the correctness and reasonableness of quantum of compensation claimed by the first respondent herein.