CHOLAMANDALAM MS. GENERAL INSURANCE CO. LTD. Vs. SAVITA

JUDGEMENT

(1.) These appeals under section 173 of the Motor Vehicles Act, 1988 impugn the common Award dated 29.01.2016 passed in Suit No. 248/09 and 236/11 awarding compensation of Rs. 11,37,567.60/- and Rs. 3,25,000/- with interest at the rate of 9% per annum to the beneficiaries of the Award respectively in each appeal, for the fatal injuries suffered on account of the motor vehicle accident. The vehicle was insured with the appellant, hence the liability has been fixed on it.

(2.) The appeals do not challenge the quantum of the compensation but the fixation of liability on the insurer without any determination apropos the right of recovery against the owner and the driver.

(3.) On 21.12.2016, this Court had recorded that the respondent No. 3/owner of the vehicle was served on 23.10.2016 but none appeared. Respondent No. 2/driver was represented by a counsel, who had sought time to address arguments.