ORIENTAL INSURANCE COMPANY LIMITED Vs. JAYAPRIYA

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.8,96,560/- for the death of deceased Jagadambal in the road traffic accident, Appellant - Insurance Company has filed C.M.A.No.814 of 2004. The estranged husband of deceased Jagadambal, whose Claim Petition in M.C.O.P.No.439 of 2006 was dismissed, has preferred C.R.P.No.847 of 2006. Since common points arise for consideration, both C.M.A. and revision were heard together and shall stand disposed of by this Common Judgment.

(2.) WHAT would otherwise been a simple case for compensation and apportionment of compensation has become slightly complicated because of the interse dispute between the claimants in M.C.O.P.No.90 of 1995, who are the adopted daughter and mother of deceased Jagadambal and erstwhile husband - Jeyaprakasam, who is the claimant in M.C.O.P.No.439 of 1996. Before we deal with the inter se dispute between the claimants, we may firstly consider the negligence and the liability to pay the compensation and also the quantum of compensation payable.

(3.) IN the Claim Petition M.C.O.P.No.90 of 1995, mother of deceased - Maruthambal was examined as P.W.1 and driver of the bus was examined as R.W.1. On the side of Claimants, Exs.A.1 to A.9 were marked. Upon consideration of oral and documentary evidence, Tribunal held that the Criminal case was registered only against lorry drive and held that the accident was due to negligent driving of the lorry driver and held that the INsurance Company and the owner of the lorry are jointly and severally liable to pay the compensation. INsofar as the compensation, Tribunal has awarded total compensation of Rs.8,96,560/-.