NEW INDIA ASSURANCE COMPANY LIMITED Vs. THILAGA

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the New India Assurance Company Limited/4th Respondent before the Tribunal, against the Judgement and Decree dated 22.4.2003 made in MCOP.Nos.240 and 322/1998 by the learned Principal District Judge (MACT) Vellore.

(2.) Both the claims arise out of the motor accident that had occurred on 20.11.1997, wherein the Van bearing Reg.No.TN-23-B-7273 owned by the 4th Respondent in CMA.No.3327/2003 and the 3rd Respondent before the Tribunal and insured with the Appellant New India Assurance Company Limited collided with the bus bearing Reg.No.TN-27-Z-6565 owned by the 2nd Respondent in CMA.No.3327/2003/1st before the Tribunal and insured with the 3rd Respondent/United India Insurance Company Limited.

(3.) In MCOP.No.240/1998, as against which CMA.No.3327/ 2003 has been filed, the Tribunal awarded Rs.25,000/- as compensation with 9 per cent interest p.a. to the claimant therein for the injuries sustained by her. In MCOP.No.322/1998, as against which CMA.No.242/ 2004 has been filed, the Tribunal awarded Rs.2,00,000/- as compensation with 9 per cent interest p.a. to the legal representatives of the deceased Thangavelu, who died in the same accident on account of the injuries sustained by him. The Tribunal held that both the drivers of the van and the bus were negligent and apportioned liability equally on the Respondents 1 and 2 on one hand and the Respondents 3 and 4 on the other hand.