ORIENTAL INSURANCE CO LTD Vs. DEVAKI

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accidents Claim Tribunal, Chennai, in M.C.O.P.No. 3583 of 2005, the appellant herein, who is the 2nd respondent in the claim petition filed this appeal, in which, he is seeking the relief to set aside the order passed by the Claim Tribunal. In the Claim Tribunal, the 1st respondent had filed a Claim Petition under Section 166 of the Motor Vehicles Act, in which, she claimed a compensation of Rs. 2,00,000/-, for the injuries sustained by her in the road accident. After, elaborate enquiry, the Claims Tribunal awarded a compensation of Rs. 88,500/- with interest at the rate of 7.5% per annum, against which, the present appeal has been preferred.

(2.) In the Claims Tribunal, the case of the 1st respondent is as follows:

(3.) On 26.04.2005, at about 100 hours, when the claimant is walking in GST road near to MECS signal, a two wheeler bearing Registration No. TN 22 S 8662, came in a rash and negligent manner, and hit against the petitioner, thereby the petitioner sustained grievous injuries. The accident had occurred, due to the rash and negligent driving of the rider of motor cycle. According to the claimant, the 2nd respondent being the owner of the vehicle, and the appellant being the insurer of the vehicle, are liable to compensate the petitioner.