NAGALAKSHMI Vs. A DHANARAJ

JUDGEMENT

(1.) CIVIL Miscellaneous Appeal Nos.2557, 2558 and 2662 of 2010 are preferred by the claimants against the common award dated 01.10.2009 made in M.C.O.P. Nos.604, 605 & 603 of 2006 on the file of the Motor Accident Claims Tribunal (I Additional District Judge), Salem and CIVIL Miscellaneous Appeal Nos. 2080 to 2082 of 2010 are preferred by the appellant-United India Insurance Company Limited against the common award dated 01.10.2009 made in M.C.O.P.Nos.603, 604 & 605 of 2006 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Salem, respectively.

(2.) SINCE these appeals arise out of the common award made in M.C.O.P.Nos.604, 605 and 603 of 2006, they are taken up together and disposed of by a common judgment.

(3.) LEARNED counsel appearing for the appellant-United India Insurance Company Limited (in C.M.A.Nos.2080 to 2082 of 2010) submitted that the Tribunal wrongly fixing the liability on the insurance company at 75% and the owner of the car at 25%. It is also stated that the finding given by the Tribunal is not based on valid material, the lorry was parked only on the side of the road. The driver of the car hit behind the lorry. Further the learned counsel appearing for the appellant-United India Insurance Company Limited has questioned the quantum of compensation awarded by the Tribunal by contending that the amount awarded by the Tribunal is excessive, exorbitant and also without basis and justification. Therefore, the award passed by the Tribunal is not in accordance with law and the same has to be set aside.