UNITED INDIA INSURANCE CO. LTD. Vs. S. SHANMUGAM

JUDGEMENT

(1.) This appeal is preferred by the owner of the vehicle and the Insurance Company against the award of a sum of Rs.3,76,500.00 towards compensation to the first respondent, due to the injuries suffered by him, in a motor vehicle accident.

(2.) The case in brief, is as follows: On the fateful day, ie., on 20/12/2002, at about 06.30 a.m., the first respondent was driving the TVS-50 two-wheeler bearing Reg.No. TN-27-Y-9853 in the Mettur - Bhavani Main Road. When the two- wheeler reached near Mettur ITI in front of Mariyamman Temple, a tempo van, driven by its driver in a rash and negligent manner, dashed against the TVS-50. Due to the said impact, the first respondent was thrown away and sustained injuries. The TVS-50 thereafter hit against a pedestrian by name Munniyan, who also sustained injuries. Causing the accident, the driver of the tempo van took away the van immediately and ran away. The first respondent filed a claim petition before the Tribunal. On consideration of the materials and evidence available on record, the Tribunal awarded a total compensation of Rs.3,76,500.00 with interest at the rate of 7.5% per annum from the date of petition.

(3.) Challenging the same, the appellant Insurance Company has come up with this appeal.