TATA AIG GENERAL INSURANCE CO. LTD Vs. THIRUPATHI

JUDGEMENT

(1.) The issue involved in both the Appeals is common and hence, they are heard and disposed of through this common Judgment.

(2.) The Insurance Company has filed C.M.A. No.1515 of 2023 questioning the liability for payment of Compensation to the 1st Respondent fixed by the Motor Accidents Claims Tribunal (Special District Court), Salem (for short, the Tribunal below) in M.C.O.P. No.94 of 2020 by Award, dtd. 15/6/2022. The Claimant filed an Appeal in C.M.A. No.3080 of 2023 challenging the same award seeking for enhancement of Compensation fixed by the Tribunal.

(3.) The case of the Claimant is that on 24/6/2019 at about 12.10 p.m., the Claimant was traveling in a TATA Ace Vehicle bearing Regn.No.TN-30 BT-3128 for supplying Water Cans to various shops, that when the said vehicle came from Salem - Bhavani Main Road and was nearing Sankari ATC Depot, the Driver of the said vehicle hit the Bus bearing Regn. No.TN 30-BD-1200, which was coming in the opposite direction, that due to rash and negligent driving, the Claimant sustained grievous injuries and that yet another person, who was traveling in the same vehicle viz., one Mr. Ajith Kumar died due to the accident on 27/6/2019.