LAWS(MAD)-2020-11-281

UNITED INDIA INSURANCE CO. LTD Vs. PADMINI

Decided On November 03, 2020
UNITED INDIA INSURANCE CO. LTD Appellant
V/S
PADMINI Respondents

JUDGEMENT

(1.) These appeals are heard through Video Conferencing.

(2.) CMA.No.1599 of 2017 has been filed by the Insurance Company questioning the direction given by the Tribunal to pay the compensation amount, arrived by it for a sum of Rs.19,11,624.00 to the respondents 1 to 3 / claimants by order dtd. 30/11/2012 in MCOP.No.60 of 2010. The sum and substance of the case of the appellant in this appeal is that, the Tribunal having come to the conclusion that the deceased had travelled as a gratuitous passenger in the mini door auto bearing Registration No.TN-43- B-6419, ought not to have directed the Insurance Company to pay the compensation and recover the same from the owner of the Vehicle.

(3.) Assailing the very same order, the claimants have filed CMA1501 of 2018, questioning the findings rendered by the Tribunal that the deceased had travelled as a gratuitous passenger in the vehicle. Thus, in CMA1501 of 2018, the claimants prayed to set aside the findings of the Tribunal and consequently, inter alia to enhance the compensation amount of Rs.19,11,624.00.