S. MOULIKANNAN Vs. C. PRABAKARAN

JUDGEMENT

(1.) These Civil Miscellaneous Appeal have been filed by the Claimants and the Insurance Company, against the Common Judgment and Decree, dated, 22/12/2020, made in M.C.O.Ps. No.147 of 2019, 365 of 2018, 23 of 2019, by the Sub-Judge (MACT), Rasipuram.

(2.) For the sake of convenience, the parties hereinafter referred to as they were arrayed in the Claim Petitions, namely, Claimant, Claimants, 1st Respondent and the 2nd Respondent-Insurance Company.

(3.) The above Claim Petitions have been filed by the injured Claimants and the Mother and Father of the deceased Minor Bathrinath, respectively, before the Tribunal, seeking a Compensation of Rs.5,00,000,.00 Rs.5,00,000.00 and Rs.30,00,000.00 respectively, on various heads, for the injuries sustained by the injured Claimants and for the death of the deceased, who died in a Motor Road Accident, which had happened on 18/11/2018. The 1st Respondent herein/Owner of the offending Lorry remained ex parte. The Claim Petitions were resisted, on various grounds, by the 2nd Respondent/Insurance Company, by filing separate Counters. In all the Claim Petitions, a joint trial was conducted. On the side of the Claimants, PW1 to PW7 were examined and Ex.P1 to Ex.P24 were marked. On the side of the 2nd RespondentInsurance Company, Ex.R1 was marked. Ex.X1 to X6 were marked.