NEW INDIA ASSURANCE CO LTD Vs. P APPA RAO

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 14.07.2004, made in M.C.O.P.No.1964 of 2000, on the file of the Motor Accident Claims Tribunal, Small Causes Court No.II, Chennai, awarding a compensation of Rs.2,00,500/- 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/second respondent, The New India Assurance Co., Ltd., Chennai-15 has filed the above appeal praying for the award to be scaled down.

(3.) THE second respondent/New India Insurance Co., Ltd., has filed a counter statement and resisted the claim stating that there was no valid insurance policy for the Maruthi Van bearing registration No.TN04 E4173. On the date of the said accident, the driver of the van was duly holding a valid licence, further that the second respondent does not admit that the Insurance Company is liable to indemnify with the owner of the vehicle. Further, the respondent does not admit the age, place, time, date of the accident, address of the owner and his driver and the insurer of the vehicle. THE second respondent further submitted that the petitioner has to prove the period of medical treatment, expenses incurred and disability suffered. THE injuries to the petitioner was simple in nature and superficial but in no way grievous. THE petitioner has to prove that he had undergone treatment at the KMC Hospital and Government General Hospital, Chennai. Further, the petitioner suddenly crossed the road towards north without seeing the vehicle coming on the said road and caused the accident. THE accident occurred due to the negligence of the petitioner. THEre is contributory negligence on the side of the petitioner. THE claim amount of Rs.3,00,000/- is excessive. Hence, the second respondent prays to dismiss the claim petition.