S SUMANGALA ALIAS SUMA Vs. PRABHU

JUDGEMENT

(1.) THOUGH these matters are posted in the orders list, they are taken up for final disposal with the consent of the learned counsel appearing for both the parties.

(2.) THE Tribunal by its judgment and award has awarded a sum of Rs.11,95,000/ -, Rs.1,80,000/ -, Rs.3,000/ - and Rs.6,000/ - respectively with interest at 6% per annum from the date of petition till realization on account of death of two persons and injuries caused to injured -claimants in the road traffic accident. It is the case of the claimants that, the compensation awarded by the Tribunal is on the lower side and it requires enhancement, whereas it is the case of the insurers i.e., New India Assurance Company Ltd., and National Insurance Company Ltd., that, the claim petitions filed by the claimants are not maintainable, for the reasons that they have filed the claim petitions without impleading the owner of the car and therefore, the entire negligence is fixed on the part of the driver of the car of the deceased and without fixing any negligence on the part of the driver of the lorry. Therefore, they have preferred these appeals seeking appropriate reliefs as stated supra.

(3.) THE brief facts of the case in are that: Claimants in MVC No.488/2006 are wife and minor son of the deceased -S. Mahesh Kumar. They have filed the claim petition claiming compensation against the insurers, owner and driver of the offending vehicle. They have filed the claim petition along with the injured claimants contending that, due to rash and negligent driving by the driver of lorry, the accident occurred. Due to the impact, deceased - S.Mahesh Kumar died on account of fatal injuries sustained by him and Smt. Sumangala @ Suma and V. Prakash sustained injuries. The injured claimants also filed claim petitions under Section 166 of the MV Act claiming compensation against the insurer, owner and driver of the offending vehicle involved in the accident. The said matters had come up for consideration before the Tribunal. The Tribunal after hearing both sides and after appreciating the oral and documentary evidence, has allowed the said claim petitions in part and awarded compensation as referred above. Being dissatisfied with the impugned common judgment and award, the claimants and insurers have presented these appeals seeking appropriate reliefs as stated supra.