ORIENTAL INSURANCE COMPANY LTD Vs. R GOPALAKRISHNAN

JUDGEMENT

(1.) Being aggrieved by the orders of the Tribunal holding that insurer of the lorry bearing registration No.TN-04C 3199 and Appellant-Insurance Company are jointly and severally liable to pay compensation to the Claimants in fatal cases and personal injury cases, Appellant-Insurance Company has preferred these Appeals.

(2.) In these Appeals, notice of motion was ordered and the appeals were listed under the caption "Notice of Motion". Some of the Claimants have entered appearance and others have not entered appearance and their names were printed in the cause list. As the accident is of the year 2000 and the question of apportionment of negligence was already determined by the another Division Bench in C.M.A.No.2168/2004, with consent of appearing counsels, the appeals were taken up for final hearing.

(3.) Upon consideration of oral and documentary evidence, Tribunal held that the accident was due to rash and negligent driving of lorry driver and that insured and Insurance Company are jointly and severally liable to pay the entire compensation to all the Claimants.