IFFCO-TOKIO GENERAL INSURANCE COMPANY LIMITED Vs. VIJAY

JUDGEMENT

(1.) Challenge made in these appeals is to the common award, dated 24.10.2017 made in MCOP Nos.1321 and 1322 of 2014 on the file of Motor Accident Claims Tribunal (Sub Court), Thirunevelli.

(2.) The short facts of the case is that on 17.10.2014 at about 1.00 pm, the claimant in MCOP No.1321 of 2014 was travelling in a Car TN-76-A-4161, while driving the same by the claimant in MCOP No.1322 of 2014 on the Tirunelveli-Kanyakumari Four Ways near Palavoo Junction, at that time, the TATA ACE TN-72-AW-6786 came from the opposite direction suddenly without showing any hand signal or switch on the indicator lamp and rashly and negligently turned the vehicle towards Palavoor Branch road, as a result of which, the driver one Sivan, who was not expected the sudden cross of the TATA ACE unable to stop the vehicle and TATA ACE hit in front of the Car portion and as a result of which, the driver of the Car Sivan and the passenger travelled in the Car have sustained multiple injuries all over the body, besides fracture over the right forehead and immediately they were taken to Manuel Hospital Nagercoil and admitted as inpatient for 10 days. Both the claimants filed a separate claim petition seeking compensation of Rs. 5,00,000/- for the injuries sustained in the accident.

(3.) The Tribunal, upon consideration of oral and documentary evidence, came to the conclusion that the driver of the offending vehicle was responsible for the accident and awarded compensation of Rs.74,000/- in respect of MCOP No.1321 of 2014 and Rs.43,500/- in respect of MCOP No.1322 of 2012 along with interest @ 9% p.a. Aggrieved by the common award of the tribunal, the appellant Insurance Company is before this court with these appeals.