NATIONAL INSURANCE CO LTD Vs. POONGAVANAM

JUDGEMENT

(1.) AGGRIEVED over the award dated 02.04.2007 passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Attur, in M.C.O.P.46 of 2002, the National Insurance Company Limited has filed CMA No.945 of 2008 and aggrieved over the common award dated 06.10.2007 passed by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge-cum-Special Judge), Salem, in M.C.O.P.Nos.610 to 612, 915 and 607 to 609 of 2002, the National Insurance Company Limited has filed the remaining civil miscellaneous appeals respectively.

(2.) AS all these appeals arise out of the claim petitions filed by various persons in respect of the same accident, it is convenient to deal with them together. For convenience, the parties will be referred to as per their ranking before the Tribunal.

(3.) IN order to prove the claim, in MCOP No.46 of 2002, on the side of the claimants, P.Ws.1 and 2 were examined and Exs.P-1 to P-3 were marked and on the side of the respondents, R.Ws.1 and 2 were examined and Exs.R-1 to R-6 were marked. The Tribunal, on a consideration of entire evidence, held that both the respondents are liable to pay compensation and passed an award directing the insurance company to pay the compensation. Challenging the said finding, CMA No.945 of 2008 has been filed by the insurance company.