ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED Vs. SELVAM

JUDGEMENT

(1.) Challenge made in these appeals is to the common award, dated 15.07.2014 made in MCOP Nos.87 and 88 of 2002 on the file of Motor Accident Claims Tribunal (Sub Court), Valliyur.

(2.) The short facts of the case are that on 29.11.2011 at about 4.00 pm, the claimant in MCOP No.87 of 2012 was driving the Mahendra Maxi Vehicle TN-72-A-X-8690, while the claimant in MCOP No.88 of 2012 was a load man and when they were proceedings on Tirunelveli-Nagercoil Highways, unfortunately the Van dashed against the Lorry TN-01-B-0221. In the accident, both the claimants have sustained injuries all over the body and they were taken to Nagercoil Government Hospital and thereafter, he was taking treatment in a private hospital. The claimant in MCOP No.87 of 2012 filed a claim petition seeking compensation of Rs. 3,00,000/- for the injuries sustained in the accident, whereas the claimant in MCOP No.88 of 2012 filed a 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 Van was responsible for the accident and awarded compensation of Rs. 17,350/- in respect of MCOP No.87 of 2012 and Rs.1,22,350/- in respect of MCOP No.88 of 2012 along with interest @ 7.5% p.a and dismissed the claim petitions as against the respondents 3 and 4 therein. Aggrieved by the common award of the tribunal, the appellant Insurance Company is before this court with these appeals.