NEW INDIA ASSURANCE COMPANY LTD Vs. R ULAGANATHAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/ 3rd respondent against the Award and Decree, dated 26. 03. 2003, made in M. C. O. P. No. 555 of 2001, on the file of the Motor Vehicles Accident Claims Tribunal, Sub Court, Namakkal, awarding a compensation of Rs. 1,59,134/- with 9% interest from the date of filing the petition till the date of payment of the compensation.

(2.) AGGRIEVED by the said Order, the appellant/3rd respondent, New India Assurance Co. , Ltd. , Namakkal has filed the above appeal to set aside the award.

(3.) THE short facts of the case are as follows: on 03. 06. 2001, at about 19. 30 hrs, while the petitioner was travelling in Tempo Van, bearing registration No. TN28 9842 and when it was near Gurusamipalayam bus stop on the Rasipuram to Valayppamalai main road, the petitioner tried to get down from the Tempo van. But, before he had alighted from the van, the driver of the Tempo van, bearing registration No. TN28 9842, without making any signal, suddenly moved the vehicle and due to this the petitioner's left hand fingers were crushed on the door and this had caused the accident. The incident occurred only due to the rash and negligent act of the driver of the Tempo van, bearing registration No. TN28 9842.