ORIENTAL INSURANCE COMPANY LIMITED Vs. ARUN PRAKASH

JUDGEMENT

(1.) Both these appeals are being disposed of by a common judgment, as the issue raised in these appeals is one and the same and both the appeals also arise out of the common order rendered by the Tribunal in the two claim petitions.

(2.) According to the claimants, Dhanase karan and Arun Prakash, on 30.11.1995, at about 7 p.m., when the claimant Arun Prakash was driving his motor cycle from south to north direction and the claimant Dhanasekaran was the pillion rider, the car bearing registration No. TN 07-D came from west to east direction with excessive speed, driven in a rash and negligent manner, hit against the motor cycle of the claimants. With the result, both the claimants sustained grievous injuries.

(3.) The owner of the vehicle as well as the insurance company were the respondents before the Tribunal. The Tribunal, after inquiry, concluded that the vehicle involved in this case was driven in a rash and negligent manner and caused the accident, resulting in serious injuries on the claimants.