NEW INDIA ASSURANCE CO.LTD Vs. GOVINDAMMAL

JUDGEMENT

(1.) Accident, which occurred on 07.03.2012, between a bicycle and a lorry, bearing Registration No.TN 28 M 6877, has given rise to motor accident claims in M.C.O.P.Nos.1635 and 1739 of 2012, by the legal representatives of the deceased. As facts pleaded and evidence adduced, are similar, in both the claim petitions, after adjudication of the issues raised, the Claims Tribunal, by a common judgment and decree in M.C.O.P.Nos.1635 and 1739 of 2012 respectively, dated 11.11.2014, fixed negligence on the driver of the lorry, insured with the appellant-Insurance Company and quantified the compensation, in both the claim petitions.

(2.) Being aggrieved by the above, New India Assurance Co. Ltd., Chennai, has filed two appeals in C.M.A.Nos.1065 and 1066 of 2015 respectively, mainly challenging the quantum of compensation, more or less, on the same grounds. Negligence fixed on the driver of the lorry, insured with the appellant-Insurance Company, is also disputed. Caveator is on record. Therefore, both the appeals are heard, and disposed of, by a common order.

(3.) Facts deduced from the materials available on record are as follows: