NEW INDIA ASSURANCE CO.LTD. Vs. D.KOMALA

JUDGEMENT

(1.) C.M.A. No.243 of 2011 has been filed by the New India Assurance Company Ltd. challenging the quantum of compensation and C.M.A. No.2142 of 2014 has been filed by the claimants seeking enhancement of compensation.

(2.) As both the appeals are arising out of the common award, they are taken up together for common disposal.

(3.) According to the claimants, on 15.12.2006 at about 21.30 hrs, while the deceased was riding his motor cycle bearing Registration No.TN-02-T-4438 from North to South direction, a mini lorry bearing Registration No.TN-20-AV-6395, which was driven by its driver, came in a rash and negligent manner and dashed against the motor cycle of the deceased. Due to the same, the deceased sustained fatal injuries and died. According to the claimants, the accident had happened due to the rash and negligent driving of the driver of the lorry.