T. REDDIAMMA Vs. P. THIYAGARAJAN

JUDGEMENT

(1.) BOTH these appeals have been filed as against the award passed by the Motor Accident Claims Tribunal, Sub -Court, Ranipet. C.M.A. No. 282 of 2014 has been filed by the Insurance Company stating that the amount awarded by the Tribunal is extremely on the higher side and proper reduction has to be made. Not being satisfied with the quantum of compensation C.M.A. No. 2808 of 2014 has been filed by the claimant for enhancement of the compensation amount. Since both these appeals arise out of a common award, these appeals are being dispose of by this common judgment. For the sake of convenience, the parties would be referred as per the rankings before the Tribunal. The appellant in C.M.A. No. 2808 of 2014 will be referred to as claimant and the Insurance Company will be referred to as respondent.

(2.) IT is the case of the claimant before the Tribunal that on 22.05.2010 when he was riding a two wheeler bearing Registration No. TN 24 X 2283 having her minor daughter as a pillion rider, a car bearing Registration No. TN02 AK 4848 came in a rash and negligent manner from the opposite direction and dashed against the two wheeler and thus, caused the accident. In the said accident, the claimant sustained grievous injuries and hence, she made a claim as against the owner of the car, namely the first respondent in the M.C.O.P and the Insurance Company, the second respondent in the M.C.O.P. claiming a sum of Rs. 5,00,000/ - as compensation.

(3.) IN order to prove the claim, on the side of the claimant, she examined herself as PW1, besides examining one Dr. R. Riazahamed as PW2 and marked 9 documents as Exs.P1 to P9. On the side of the second respondent Insurance Company, no witness was examined and no document was marked.