P.SATHASIVAM, A.K.RAJAN
United India Insurance Company Limited – Appellant
Versus
R. Venkatesan & Another – Respondent
P. Sathasivam, J.
United India Insurance Company, Madras-2 aggrieved by the Award of the Motor Accidents Claims Tribunal (VI Small Causes Court), Madras dated 23-8-1995 made in M.C.O.P.No. 2428 of 1992, has preferred the above appeal.
2. In respect of injuries sustained in a motor accident on 02-08-92, the claimant/first respondent herein made a claim for Rs.43,000/- before the Tribunal. According to the claimant, on 02-08-92 at about 12.10 Hours, when he was riding a bicycle along with Selliamman Koil Street from north to south, an autorickshaw bearing registration No. TSK.2563 coming from behind in the same direction, driven in a rash and negligent manner, hit against his bicycle, causing grievous injuries to him and damaging his bicycle. It is further stated that the first respondent therein, as owner of the autorickshaw and the second respondent therein, as insurer of the same are liable to pay compensation. Before the Tribunal, the owner of the autorickshaw, first respondent therein did not contest the claim and he was set ex parte. The second respondent-Insurance company alone filed a counter affidavit wherein it is stated that in the absence of insurance details, t
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