ORIENTAL INSURANCE CO. LTD Vs. MADHINA BEGUM

JUDGEMENT

(1.) These Appeals have been filed by the Insurance Company challenging the Common Award passed by the Motor Accident Claims Tribunal (Tribunal Judge, Court, Tindivanam) in M.C.O.P. Nos.1746, 1749, 1747 & 1748 of 2019, dtd. 8/11/2022. 150

(2.) The Claimants in this case are the Father, Mother, Son and Daughter. All the four of them went in a Two-wheeler driven by the Father on 27/10/2011 at Puducherry - Chennai ECR Main Road and at about 3.15 p.m., the offending vehicle was driven in a rash and negligent manner and it came from the opposite direction and it hit the Two-wheeler as a result of which all the four fell down. The Claimant in M.C.O.P. No.1746 of 2019, suffered fracture in the right fibula and in the right tibia and also in the second and third metacarpal right hand. She underwent treatment as an inpatient for the period from 27/10/2011 to 4/11/2011 and the Medical Board assessed the disability at 30%. Insofar the Claimant in M.C.O.P. No.1747 of 2019, she sustained laceration wound and minor injuries and she underwent treatment from 27/10/2011 to 29/10/2011. Insofar the Claimant in M.C.O.P. No.1748 of 2019, he sustained crush injury on the right foot and ankle and underwent treatment as an inpatient form 27/10/2011 to 8/12/2011. His disability was assessed by the Tribunal at 60%. Insofar as the Claimant in M.C.O.P. No.1749 of 2019, he sustained Type 3 B compound R Ankle dislocated, 2nd & 3rd MC R Hand dislocation. He underwent treatment as an inpatient from 4/11/2011 to 20/11/2011. The Medical Board assessed the disability at 40%.

(3.) It is in the above circumstances, four independent Claim Petitions came to be filed before the Tribunal seeking for payment of Compensation.