NATIONAL INSURANCE CO. LTD Vs. SANJAI

JUDGEMENT

(1.) The issue that has been raised in both these Appeals are common and therefore, both these Appeals are taken up together, heard and disposed of through this Common Order.

(2.) The Insurance Company has filed these Appeals against the Award passed by the Motor Accidents Claims Tribunal (III Additional District Judge), Villupuram @ Kallakurichi, in M.C.O.P. Nos.453 of 2018 & 454 of 2018, dtd. 20/9/2022.

(3.) The case of the Claimants is that the Claimant in M.C.O.P. No.453 of 2018, was the Rider of the Two-wheeler and the Claimant in M.C.O.P. No.454 of 2018 was the Pillion Rider in the Two-wheeler and on 8/7/2018 they were travelling at Salem-Chennai National High Road. On the place of occurrence, the Car belonging to the 1st Respondent was driven in a rash and negligent manner and it dashed on the Two-wheeler and as a result of which, the Rider and the Pillion Rider fell down. The Claimant in M.C.O.P. No.453 of 2018 sustained (1) Laceration over left temporal region, and (2) Multiple abrasion over the face, abdomen, toes and hands. The Claimant in M.C.O.P. No.454 of 2018, sustained hip, spinal card fracture and injuries all over the body. It is under these circumstances, both the Claimants have filed independent Claim Petitions seeking for payment of Compensation.