J JEEVANANTHAM ALIAS JEEVA Vs. M SIVALINGAM

JUDGEMENT

(1.) THESE appeals arise out of a common award (14.02.2008) passed by the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai, in M.C.O.P.Nos. 1272 and 1256 of 2006 respectively.

(2.) THE case of the appellants, in brief, are as follows:

(3.) THE Tribunal tried both petitions together and on the side of the appellants, P.Ws.1 to 6 were examined and Exs.P-1 to P-19 were marked and on the side of the 3rd respondent insurance company, R.W.1 was examined and Ex.R-1, the investigation report was marked. The Sub-Inspector of Police, Thirumangalam Police Station was examined as C.W.1. The Tribunal, after considering the entire evidence, came to the conclusion that the accident had occurred due to the negligent act of the drivers of both vehicles and thus, fixed contributory negligence at the ratio of 50% each on the part of the driver of the van as well as the car. By coming to such conclusion, the Tribunal assessed compensation on different heads and passed a common award for a sum of Rs.1,80,000/- in respect of claim made by the driver of the van and directed the insurance company to pay 50% of that amount since he had also contributed negligence in causing the accident. So far as the claim made by the occupant of the van i.e. in M.C.O.P.No.1272 of 2006, the Tribunal arrived at a sum of Rs.1,70,000/- and directed the 3rd respondent insurance company to pay the entire compensation amount. The said award is challenged in these appeals.