MADATHI Vs. RAJAMMAL AND OTHERS

JUDGEMENT

(1.) Since both the appeals are concerned with the same award and have common facts and law, they are heard together and are being disposed of by this common judgement. For easy reference, the parties are referred to as claimants, United India Insurance Company and National Insurance Company.

(2.) C.M.A.(MD)No.266 of 2004 has been filed by the claimants for enhancement of compensation, while C.M.A(MD)No.869 of 2005 has been filed by the National Insurance Company questioning the quantum and liability.

(3.) On 04.10.1995, a road accident took place on a thorough-fare involving two vehicles. One is a trucker which has been insured with the United India Insurance Company, which vehicle was driven by its driver Radhakrishnan and the other vehicle is an auto which has been insured with the National Insurance Company which was driven by its driver Murugan.