S. VISHNU GANGA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals are directed against the Final Order and Judgment dtd. 22/12/2017 (hereinafter referred to as the "Impugned Judgment") passed by a learned Division Bench of the High Court of Judicature at Madras, Bench at Madurai in appeals bearing C.M.A. (MD) Nos.1075 of 2015 and 1076 of 2015 (both filed by the Insurance Company/R1(Respondent No.1 herein)), against the Award dtd. 25/11/2014 passed by the learned Motor Accidents Claims Tribunal (hereinafter referred to as the "Tribunal") in Claim Petitions bearing M.C.O.P No.1573 of 2009 and 1574 of 2009. The appeals preferred by R1 were allowed in part and the compensation awarded by the Tribunal was reduced.

(3.) The parents - father and mother - of the appellants were travelling in a Tempo Traveler vehicle (hereinafter referred to as the "vehicle") belonging to R2(Respondent No.2 herein) insured with R1 from Salem to Madurai. While the vehicle was near Namakkal, at that time, a bus belonging to R3(Respondent No.3 herein) came from the opposite side and dashed into the vehicle resulting in the unfortunate death of the parents of the appellants. The bus was bearing Registration No.TN30 N0612 and was not insured.