ORIENTAL INSURANCE CO LTD Vs. SMT SHINY

JUDGEMENT

(1.) THESE are two cross Appeals. MAC APP. 576/2008 is preferred by the Oriental Insurance Company Limited whereas MAC APP. 40/2009 is filed by the Appellants Shiny & Ors.

(2.) THE Appellants Oriental Insurance Company shall be referred to as the Insurance Company and the Appellants in MAC APP. 40/2009 shall be referred to as the Claimants for the sake of the convenience.

(3.) THE accident took place on 26.02.2006. As per the driving licence of deceased Rajesh @ Rajesh Joseph, his date of birth was 10.05.1970. Thus, he was aged about 35 years and 7 months on the date of the accident.