UNITED INDIA INSURANCE CO. LTD Vs. S. NITHYARAJ

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company, challenging the award dated 22.03.2012 made in M.C.O.P.No.268 of 2008, on the file of the Sub Court, (Motor Accidents Claims Tribunal), Sankari.

(2.) The appellant-Insurance Company is the 2nd respondent in M.C.O.P.No.268 of 2008, on the file of the Sub Court, (Motor Accidents Claims Tribunal), Sankari. The 1st respondent filed the said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 21.09.2007.

(3.) The Tribunal, considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent riding by the rider of the motorcycle belonging to the 2nd respondent and directed the appellant-Insurance Company to pay a sum of Rs.2,35,000/- as compensation to the 1st respondent at the first instance and recover the same from the 2nd respondent. Challenging the said award dated 22.03.2012 made in M.C.O.P.No.268 of 2008 granting compensation to the 1st respondent, the appellant-Insurance Company has come out with the present appeal.