BHUVANESWARI Vs. K.SELVAM

JUDGEMENT

(1.) The claimants have preferred the appeal in C.M.A. No. 2064 of 2023 seeking enhancement of compensation and the insurance company has preferred the appeal in C.M.A. No. 2385 of 2023 challenging the finding with regard to negligence in the award passed by the Tribunal in M.C.O.P. No. 1465 of 2021 dtd. 1/6/2023.

(2.) Parties are hereinafter referred as per their rank in the claim petition for the sake of convenience. Since both the appeals challenge the very same award, they are taken up together for disposal.

(3.) The claimants filed the claim petition stating that on 17/7/2021 at about 12 hrs, when the deceased was riding his motorcycle and was crossing a main road, the car belonging to the first respondent and insured with the second respondent came in a rash and negligent manner and dashed against the deceased, as a result of which, the deceased sustained severe injuries and succumbed to injuries on 28/8/2021.