ORIENTAL INSURANCE CO. LTD Vs. KUMARAN

JUDGEMENT

(1.) The appellant, the Oriental Insurance Company Limited is the second respondent in M.C.O.P.No. 262 of 2001 on the file of the Motor Accident Claims Tribunal, Additional Sub-Court, Cuddalore. They filed the present appeal questioning their liability to pay compensation awarded by the tribunal. The first respondent/claimant filed the above claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.1,00,000/- for the injuries sustained by him in a road accident that took place on 23.09.2000, at about 09.15 am, when he was riding his bicycle along Palayam main road.

(2.) According to the first respondent/claimant, a speeding Ambassador car bearing Registration No. TN 04 5617 hit him, as a result of which, he sustained grievous injuries all over his body. His further contention is that the rash and negligent driving of the driver of the Ambassador car bearing Registration No. TN 04 5617 was the cause of the accident and that since the said car was insured with the present appellant, the Oriental Insurance Company Limited, both of them are jointly and severally liable to pay compensate to him.

(3.) The owner of the Ambassador car bearing Registration No. TN 04 5617 as well as the present appellant contested the claim petition. The learned Additional Subordinate Judge, Cuddalore after analysing the evidence on record, awarded compensation of Rs.67,412/- together with interest 9% per annum to the claimant.