ORIENTAL INSURANCE CO.LTD Vs. VIJAYAMMA

JUDGEMENT

(1.) The above appeals have been filed challenging the award passed by the Motor Accidents Claims Tribunal, Mavelikkara in OP(MV) No.810 of 2003. M.A.C.A.No.1775 of 2013 has been filed by the Insurance Company which was the 3rd respondent before the Tribunal and M.A.C.A.No.2081 of 2013 has been filed by the claimants before the Tribunal. The parties are referred to as claimants and Insurer.

(2.) The claimants are the parents and siblings of late Binu, who died in a motor accident. On 11/10/2002, the motorcycle driven by the deceased was hit by a car driven in a rash and negligent manner. The accident was denied by the Insurance Company. According to the insurer, no car was involved in the incident and the car, the driver and the eye witness were subsequently brought in, in order to sustain a claim petition. The Tribunal held that the accident occurred due to the negligence of the driver of the car. A sum of Rs.6,03,300.00, was awarded as compensation. The claimants have filed the appeal claiming enhancement. The insurer has filed the appeal challenging the entire award.

(3.) Heard the counsel for the claimants and the insurer.