NEW INDIA ASSURANCE CO. LTD. Vs. VASANTHA

JUDGEMENT

(1.) These two appeals have been filed against the award, dtd. 28/2/2011 made in M.C.O.P.No.66 of 2005 on the file of the Motor Accident Claims Tribunal cum Principal District Court, Thoothukudi, raising various grounds.

(2.) C.M.A(MD)No.954 of 2011 was filed by the New India Assurance Company and C.M.A(MD)No.974 of 2011 was filed by the Oriental Insurance Company, Thoothukudi.

(3.) The facts of the case filed by the claimants version are that on 20/9/2004, the deceased was travelling in a Skoda Octavia car bearing Registration No.TN-69-J-0921 belonging to one Raja Singh from Thoothukudi to Tirunelveli from East to West, abiding the Traffic Rules around 18.30 hours, nearing Vaagaikulam Airport on Tuticorin ? Palayamkottai Main Road, a Mahindra and Mahindra van which came from the opposite direction from West towards East, driven by its driver by name Comniah in a rash and negligent manner, dashed against the said car in which the deceased was travelling. The said Augistin sustained head injury and other injuries all over the body and immediately, he was taken to AVM Hospital, Tuticorin, where he was admitted in the Intensive Care Unit and he died, after a period of 17 days. One Raju, who was the driver, gave a complaint before the Pudukottai Police Station and a case in Crime No.501 of 2004 was registered under Ss. 279, 337 and 304(A) I.P.C., against the driver of Mahindra Van.