NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANANDALATCHUMI

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accident Claims Tribunal (Sub Court) Tiruvellore dated 04.09.1995 made in M.C.O.P.No.109 of 1987, New India Assurance Company Limited, Kancheepuram has preferred C.M.A.No.1064 of 1996 before this Court. Questioning the very same award, M/s. Sakthi Beverages Private Limited and United India Insurance Company, Coimbatore have preferred C.M.A.No.507 of 1997.

(2.) Since both the appeals arise from the very same award, they are being disposed of by the following common judgment.

(3.) In respect of death of one Ramesh Babu in a motor vehicle accident that was taken place on 18.04.1987, his mother Anandalatchumi filed a claim petition in M.C.O.P.No.109 of 1987 before the Motor Accident Claims Tribunal (Sub Court), Tiruvellore, claiming a compensation of Rs.4,50,000/-. Before the Tribunal, the claimant herself was examined as P.W.1 and one Sreekanth as P.W.2 and marked Exs.A.1 to A.7in support of her claim. On the side of the respondents, Insurance Policy has been marked as Ex.R.1 and no oral evidence was let in. The Tribunal, on appreciation of oral and documentary evidence, after holding that the accident was caused due to the negligence of both the vehicles, namely a private bus and a van, apportioned the liability to the extent of 60:40 between the bus and van and passed an award for Rs.3,39,500.00 with interest at the rate of 15% per annum from the date of petition till the date of deposit. Questioning the said award, both the Insurance Companies have filed the above appeals.