ORIENTAL INSURANCE CO. LTD Vs. T. NALINI

JUDGEMENT

(1.) The Insurance Company, which suffered an award for payment of 50% of the Compensation determined in M.C.O.P. No.2836 of 2018 is on Appeal. The grievance of the Insurance Company is that the Tribunal erred in apportioning the negligence at 50% on both the Lorries involved in the accident.

(2.) The brief facts are as follows:

(3.) Terming negligence on the part of both Lorry Drivers as a cause for the accident, the Claimants sought for Compensation as above. The quantum was sought to be justified by contending that the deceased Thiyagarajan aged about 39 years was employed as Manager in Sales and Marketing at Golden Green Technologies Pvt. Ltd. and was earning a sum of '58,334 per month. In proof of the said income, the Claimants sought to rely upon the Incometax Returns as well as Form-16 filed on behalf of the said Thiyagarajan.