LAWS(MAD)-2009-10-191

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD Vs. PALANIAMMAL

Decided On October 05, 2009
ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. Appellant
V/S
PALANIAMMAL Respondents

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 02.08.2004, made in M.C.O.P.No.331 of 2003, on the file of the Motor Accident Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur, awarding a compensation of Rs.1,55,920/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent, Royal Sundaram Alliance Insurance Company Ltd., has filed the above appeal praying to set aside the said award and decree.

(3.) THE second respondent, in his Counter has resisted the claim stating that the age, income and occupation of the petitioner and nature of injuries sustained by the petitioner has to be proved. It is also submitted that the accident did not happened due to high speed and rash driving of the driver of motorcycle as alleged in the claim but happened only due to the carelessness of the petitioners, who crossed the road suddenly, without noticing the two wheeler.