ORIENTAL INSURANCE CO Vs. SREENIVASAN

JUDGEMENT

(1.) Those two appeals filed by Oriental Insurance Co. Ltd. are directed against the common judgment in O.P. (M.V.) Nos. 35 and 224 of 1986 of the M.A.C. Tribunal, Quilon, which arose from a motor accident took place on 8.11.1985 in which two persons died, bike rider Suresh Babu and Pillion rider Remanan. Legal representatives of the deceased filed the above applications before the Tribunal. The Tribunal by a common award granted a sum of Rs. 1,45,000/- with interest at 6% from 15.1.1986 till three months after the date of the award and 18% interest thereafter till realisation in the former case. In the latter case the Tribunal awarded a sum of Rs. 2,02,000/- with 6% interest from 22.3.1986 till three months after the date of award and 18% interest thereafter till realisation. The insurance company, the common appellant in these cases, is made liable for the amount awarded by the Tribunal. The appellant being aggrieved for making it fully liable for the compensation awarded, even though its liability is limited to 50,000/- in each case, has filed these appeals.

(2.) The owner of the bike filed crossed-objection against the excessive nature of the compensation. In view of the decision of this Court in New India Assurance Co. Ltd. v. Kunhiraman Nambiar ( 1994 (1) KLT 956 ), the cross objection is not maintainable. It is therefore dismissed.

(3.) As far as the quantum of compensation awarded by the Tribunal is concerned, we are of the view that the amount awarded is fair and reasonable. We, therefore, uphold the compensation awarded by the Tribunal in both the cases.