NATIONAL INSURANCE COMPANY LIMITED Vs. JEROME

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award, dated 26.04.2007, made in MCOP.No.1398 of 2004, on the file of the Motor Accidents Claims Tribunal / Additional District and Sessions Court, FTC-II, Thirunelveli.

(2.) The appellant is the second respondent in MCOP.No.1398 of 2004, on the file of the Motor Accidents Claims Tribunal / Additional District and Sessions Court, FTC-II, Thirunelveli. The first respondent, who is the claimant, filed the said claim petition claiming a sum of Rs. 2,00,000/- as compensation, for the injuries sustained by him in the accident, that occurred on 15.05.2004.

(3.) According to the first respondent, while he was travelling as a passenger in Maxi Cab Van bearing Regn. No.TN 74 A 8688, belonging to the third respondent, insured with the fourth respondent from kurumpanal to Kanyakumar, the Tempo bearing Regn. No. TN 74 4181, belonging to the second respondent insured with the appellant came in the opposite direction in a rash and negligent manner and dashed against the Max Cab, in which the first respondent was travelling, and caused accident. Due to the said accident, the first respondent sustained multiple injuries and he took treatment by spending considerable amounts. He was not able to do work as done by him before the accident. The appellant opposed the said claim on the ground that the accident occurred only due to negligence on the part of the third respondent's driver. The Tribunal considering the pleadings, oral and documentary evidence let in by the first respondent, held that the accident occurred only due to rash and negligent driving by the driver of the second respondent and awarded a sum of Rs. 58,500/- as compensation.