ORIENTAL INSURANCE CO LTD Vs. KRISHNAVENI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the 2nd respondent before the Tribunal viz., the Insurance Company, against the judgment and decree dated 25.08.2015 passed in M.C.O.P.No.1404 of 2009 by the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the Petitioners before the Tribunal as per their claim petition is that on 07.01.2009 at about 9.00 hours, while the minor petitioner was walking opposite to the Telephone Exchange, Kelambakkam, a Mahindra Van bearing Reg.No.TN-22-Z-7888, belonging to the first respondent insured with the 2nd respondent, driven by its driver, in a rash and negligent manner, hit behind the petitioner and the petitioner sustained grievous injuries. Hence, the Petitioner claimed compensation of Rs.5,00,000/- under various heads.

(3.) On the other hand, the 2nd respondent/Insurance Company opposed the petitioner's claim by filing a detailed counter. The 2nd respondent denied the validity of vehicle records, driving licence of the driver and stated that the claim under differed heads are highly excessive and pleaded for dismissal of the petition.