UNITED INDIA INSURANCE COMPANY LTD Vs. A RATHINAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred by the United India Insurance Company Ltd., the second respondent in the M.C.O.P against the Judgment and Decree, dated 02.07.1997 made in M.C.O.P.No.257 of 1995 on the file of the Motor Accident Claims Tribunal / Additional District Judge cum Chief Judicial Magistrate, Chengalpat.

(2.) THE Cross Objection has been preferred by the claimants in the M.C.O.P. for enhancement of compensation.

(3.) AS the award has been passed by the competent forum, namely Motor Accident Claims Tribunal, Chengalpat, this Court is of the view that the burden is on the appellant to establish that the impugned judgment and decree are not sustainable and that there was no negligence on the part of the driver of the motor vehicle or that there was no insurance coverage by the owner of the vehicle. Admittedly, no witness was examined and no document was marked on the side of the Insurance Company, appellant herein.