ORIENTAL INSURANCE COMPANY LIMITED Vs. P.JANAKIRAMAN

JUDGEMENT

(1.) These two Civil Miscellaneous Appeals filed under section 173 of the Motor Vehicles Act, 1988, is against the award passed in M.C.O.P.No.1998 of 2012 by the Motor Accident Claims Tribunal, Chennai, C.M.A.No.648 of 2015 is by the Insurance Company alleging that the quantum of compensation awarded is exorbitant and excessive. C.M.A.No.1436 of 2015 by the claimant seeking for enhancement of compensation.

(2.) The facts of the case is that, on 05.08.2006 at about 17.00 hrs, while the claimant P.Janakiraman was travelling in a load auto bearing Registration No.TN-02-S-3096 as a water can delivery boy, proceeding from South to North at the junction of Kodambakkam High Road and Nugambakkam High Road, the auto driver suddenly turned to East rash and negligently. Due to his negligent driving the auto capsized. The claimant sustained grievous injuries and got admitted in the hospital and took treatment for 12 days as inpatient for his fracture at II, III, IV, V left hand finger, left wrist and multiple injuries all over the property.

(3.) A Claim petition for compensation of Rs.10,00,000/- filed against the owner of the auto for being vicariously liable for the negligent Act of his driver and the insurer of the auto.