NATIONAL INSURANCE CO LTD Vs. VAIDYANATHAN

JUDGEMENT

(1.) THESE two appeals have been filed by National Insurance Co. Ltd. , Villupuram, against the common award passed in three different motor accident claim original petitions. The appellant, however, has chosen to prefer these appeals only as against O. P. Nos. 38 and 671 of 1996.

(2.) ACCORDING to claimants, the accident occurred on 31. 5. 1992 at about 11. 15 p. m. when the claimants were alighting from a private transport bus bearing registration no. TAM 9595 at Rajapalayam Bus Stand and at that point of time, the transport bus was hit from behind by a lorry bearing registration No. TN 31-Z 0021 belonging to respondent No. 1 in O. P. No. 38 of 1996 before the Tribunal, which was stated to have been driven by the driver of the lorry in a rash and negligent manner. While the claimants in O. P. No. 38 of 1996 are the parents of the deceased girl aged about 9 years, the claimants in O. P. No. 671 of 1996 was by the mother for the injuries sustained by her. C. M. A. No. 1061 of 2001 has been filed as against the award in O. P. No. 38 of 1996 and C. M. A. No. 1062 of 2001 has been filed as against the award in o. P. No. 671 of 1996. In O. P. No. 38 of 1996 as against the claim of Rs. 1,00,000 preferred by respondent Nos. 1 and 2 in c. M. A. No. 1061 of 2001, the Tribunal has awarded a sum of Rs. 75,000 and in o. P. No. 671 of 1996 as against the claim of Rs. 30,000 made by respondent No. 1 in C. M. A. No. 1062 of 2001, the Tribunal has awarded a sum of Rs. 8,000 for the injuries sustained by her.

(3.) IN these appeals, the challenge is only to the legal issue, namely, whether the lorry bearing registration No. TN 31-Z 0021 was covered by a valid policy and insured with the appellant?