MESSERS GEM GRANITES Vs. SHANKAR

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants/respondents against the judgment and decree passed in M.A.C.T.O.P.No.160 of 2000 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge) at Dharmapuri, dated 28.04.2004 awarding a total compensation of Rs.2,80,480/- together with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of payment of compensation.

(2.) AGGRIEVED against the award passed by the Motor Accidents Claims Tribunal, the appellants/respondents have preferred this appeal before this Court.

(3.) THE second respondent/Oriental Insurance Company Limited has filed a counter Statement and resisted the claim, but the second respondent has admitted that the first respondent's vehicle bearing registration No. TSD 2379 was insured with them at the time of accident. THE owner of the vehicle, has neither submitted any claim form nor informed them about the accident, which had taken place on 15.12.1999. THE second respondent further alleged that they made investigation regarding the accident and found out that the accident had taken place while the petitioner was suddenly crossing the main road, without noticing the lorry which was coming behind him. So, the insurance company has denied the allegations of the petitioner against the driver of the lorry. Further, the petitioner has sustained only simple injuries in the said accident and no permanent disability has happened to the petitioner. Further, the petitioner has to prove the age, occupation and monthly income by way of documentary evidence. Further, the insurance company has stated that the compensation amount of Rs.5,00,000/- claimed by the petitioner is on the higher side.