RELIANCE GENERAL INSURANCE CO. LTD. Vs. B. PRABAKARAN

JUDGEMENT

(1.) Calling in question the quantum of compensation of Rs.7,99,000.00 awarded by the Tribunal in M.C.O.P. No. 3339 of 2011, dtd. 24/4/2015, the appellant insurance company has filed the present appeal.

(2.) It is the case of the first respondent that on 21/6/2011 at about 4.30 P.M., he was travelling in the second respondent's van bearing registration No. TN-21 AC 5699 from Kamarajapuram to Magaral and while the vehicle was going near Kamarajapuram lake, the driver of the van drove the same in a rash and negligent manner and applied sudden break and the van capsized on the right side of the road. Due to the impact, the first respondent sustained multiple grievous injuries all over the body. The second respondent is the owner of the vehicle which caused the accident and the appellant is the insurance company which insured the said vehicle. In this backdrop, the appellants claimed compensation to the tune of Rs.10.00 lakhs.

(3.) The appellant insurance company refuted the contents of the claim petition by filing a counter statement. It was alleged that the first respondent is put to strict proof of the vehicle bearing registration No. TN-21 AC 5699 was covered at the material time under the policy of insurance issued by the appellant insurance company. The appellant insurance company also denied the age, occupation and monthly income of the first respondent and that the total compensation claimed is highly excessive.