NATIONAL INSURANCE CO., LTD Vs. K.VIJAYA KUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company, challenging the award dated 19.01.2012, made in M.C.O.P.No.1865 of 2008, on the file of the V Court of Small Causes, (Motor Accidents Claims Tribunal), Chennai.

(2.) Heard the learned counsel appearing for the appellant and perused the materials available on record.

(3.) The appellant-Insurance Company is the 2nd respondent in M.C.O.P.No.1865 of 2008, on the file of the V Court of Small Causes, (Motor Accidents Claims Tribunal), Chennai. The 1st respondent filed the said claim petition, claiming a sum of Rs.3,00,000/- as compensation for the injuries sustained by him in the accident that took place on 19.04.2007. The Tribunal considering the pleadings, oral and documentary evidence, held that as per Section 163-A of the Act, negligence on the part of the driver need not be proved and the 1st respondent was a third party and held that since insurance policy was in force, the appellant as the insurer of the vehicle is directed to pay a sum of Rs.4,45,000/- as compensation to the first respondent. Challenging the said award dated 19.01.2012, made in M.C.O.P.No.1865 of 2008 granting compensation to the 1st respondent, the appellant-Insurance Company has come out with the present appeal.