ESWARAN Vs. S THIRUMALAI RAJAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/petitioner against the Award and Decree, dated 06.10.2004, made in M.C.O.P.No.516 of 2003 of 2002, on the file of the Motor Accident Claims Tribunal, Additional Subordinate Court, Erode, awarding a compensation of Rs.1,08,500/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/petitioner has filed the above appeal for additional compensation amount with interest.

(3.) THE first respondent filed a counter statement and opposed the claim of the petitioner stating that he has not committed any negligent driving of the rider of the said motorcycle. Further, the first respondent is having valid driving licence and the motorcycle was insured with the second respondent/National Insurance Co., Ltd., and the first respondent alleged that the age and the income of the petitioner as false.