BRANCH MANAGER Vs. KANNAN

JUDGEMENT

(1.) This civil miscellaneous appeal is filed against the award dtd. 16/6/2015 made in MACTOP No. 107 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate,Nagapattinam.

(2.) The appellant insurance company is respondent No. 2 in MACTOP No. 107 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate, Nagapattinam. Respondent No. 1-claimant filed the said claim petition claiming a sum of Rs.20,00,000.00 as compensation for the injuries sustained by him in the accident that took place on 22/10/2014.

(3.) The Tribunal considering the pleadings and oral and documentary evidence held that the accident occurred not due to negligence on the part of the respondent No. 1 but due to negligence on the part of the driver of the vehicle which was coming from the opposite direction, the respondent No. 1 fell down and sustained injuries and directed the appellant being insurer of the motor cycle belonging to the respondent No. 2 to pay a sum of Rs.8,29,600.00 as compensation to the respondent No. 1.