BAJAJ ALLIANZ GENERAL INSURANCE CO LTD Vs. ARUMUGAM

JUDGEMENT

(1.) The present appeal has been filed against the fair and decreetal order dated 11.10.2011 made in MCOP.No.48 of 2008 on the file of Motor Accident Claims Tribunal (Sub Court), Kulithalai.

(2.) In an accident which occurred on 08.12.2005, the 1st respondent/claimant sustained injuries. He made a claim in MCOP.No.48 of 2008 on the file of Motor Accident Claims Tribunal (Sub Court), Kulithalai, claiming compensation of Rs.7,00,000/-. The Tribunal considering the oral and documentary evidence adduced on either side awarded compensation of Rs.2,15,200/- with 7.5% interest per annum from the date of claim. Aggrieved by the said award, the appellant has filed this appeal challenging liability and quantum.

(3.) Learned counsel for the appellant would submit that at the time of accident the rider of the offending Bajaj motorcycle belonging to the 1st respondent was having only LMV licence and he did not possess licence to ride motorcycle and though the same was proved through RW2 who is the Junior Assistant working in the office of the Regional Transport Officer, the Tribunal failed to order pay and recovery. He further submitted that the quantum of compensation awarded under various heads is excessive and requires reduction.