ORIENTAL INSURANCE CO. LTD Vs. P. VIJAYARANGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the Award and Decree dtd. 4/12/1997 made in M.C.O.P.No.4209 of 1995 on the file of the Motor Accident Claims Tribunal (V Judge, Court of Small Causes), Chennai.

(2.) The brief facts leading of the claim petition are as follows :- On 1/6/1995 at about 5.30 p.m., when the claimant was travelling in a car bearing Registration No.TMG 5355 and proceeding near Onkur Check Post from South to North, the driver of the car drove rashly and negligently and dashed against the stationed private Bus bearing Registration No.TN 45 C 2929 on the backside and the claimant sustained grievous injuries. The claimant has claimed a sum of Rs.4,00,000.00 as compensation.

(3.) The appellant/Insurance Company, in the counter statement, has denied the possession of valid and effective driving license by the driver of the car at the time of accident also denied the date of the accident and insurance of the vehicle with the Insurance Company. The other aspects denied in the counter statement is fixing the negligence only on the part of the driver of the bus alone. The other aspects regarding nature of injury, age, occupation, income, treatment and disability and the claim at Rs.4,00,000.00 were also denied by the respondent.