BRANCH MANAGER Vs. BHUVANESWARI

JUDGEMENT

(1.) THESE appeals preferred by the Insurance Company are directed against the common judgement and award passed by the lower Court in M.C.O.P.Nos.87, 91 and 90 of 2002, dated 08.01.2003.

(2.) THE brief facts of the case before the trial Court are as follows:

(3.) THE learned counsel for the appellant/Insurance Company would submit in his argument that the lower Court had not properly appraised the evidence and had come to the conclusion of fixing the liability on the first respondent who is the driver of the second respondent before the lower Court. He would further submit that the driver of the two wheeler was also equally responsible for the cause of the accident and accordingly the driver, owner and insurer of the said vehicle should have been impleaded as parties, so as to fix the responsibility. Apart from that, the contributory negligence on the part of the claimant in M.C.O.P.No.87 of 2002 should have also been fixed. He would further submit that the quantum of compensation fixed in M.C.O.P.No.87 of 2002 at Rs.24,000/- for the injuries sustained by the claimant is on the higher side and the lower Court, having come to the conclusion that the said claimant did not incur any permanent disability, had fixed the said amount, which is not proportionate in accordance with law.