NATIONAL INSURANCE COMPANY LTD Vs. PARANTHAMAN

JUDGEMENT

(1.) C.M.A.No.3103 of 2003 arises out of the award passed in MCOP No.911 of 2002 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Kancheepuram awarding compensation of Rs.26,00,000.00 to the parents for the death of their son Narasimhan in a road accident.

(2.) C.M.A.No.3102 of 2003 arises out of the award passed in MCOP No.910 of 2002 on the file of Motor Accident Claims Tribunal (Subordinate Judge), Kancheepuram awarding compensation of Rs.25,02,320.00 for the injuries sustained by the 1st respondent/claimant. Since both the appeals arise out of common award and points for determination are one and the same, both the appeals were heard together and shall stand disposed of by this common judgment.

(3.) On 21.4.1995, at 10.20 p.m, in Thiruvengadasami Road, Coimbatore Town, the injured claimant G.G. Paranthaman and another person by name Prabhuram were travelling in their car. The car was driven by the deceased Narasimhan. When the car was proceeding in Thiruvengadasami road, a lorry bearing Registration No.TN 27 J 5757, belonging to C. Venkatachalapathy, the 3rd respondent, was driven in a rash and negligent manner, came in a high speed and hit against the car. After hitting the car, the lorry dragged the car for some distance and stopped on the road. Narasimhan, who was driving the car, sustained grievous injuries on the forehead, chest and right shoulder, right leg and was profusely bleeding. He became unconscious,. Immediately he was taken to Ramakrishna Hospital at Coimbatore and inspite of medical treatment, Narasimhan succumbed to injuries. The claimant in M.C.O.P.No.2103/2003, Paranthaman sustained head injuries, on the fore head, right shoulder, right leg. He was also in coma stage.