UNITED INDIA INSURANCE CO LTD Vs. T VIJAYAN

JUDGEMENT

(1.) Challenging the award of the Tribunal dated 10.04.2015 made in M.C.O.P.Nos.1390 and 1451 of 2014, the appellant-insurance company has preferred these appeals.

(2.) Brief facts are that on 13.9.2009, the 1st respondent in C.M.A.No.799 of 2016 was riding his motorcycle bearing registration No.TN-29 H 1237 from Periyamudalipatti to Chinnankuppam along with his wife (1st respondent in C.M.A.No.800 of 2016) on the left side of Harur to Salem main road. When he was nearing Chinnankuppam Nagapatti diversion road, a Scorpio car bearing registration No.TN-07 AT 1000 driven by its driver in a rash and negligent manner dashed against the 1st respondent. Due to the accident, both the 1st respondent sustained grievous injuries. The injured were taken to Government Hospital, Harur and had taken treatment as inpatient. Thereafter, they have been referred to Government Medical College Hospital, Dharmapuri for better treatment. Regarding the accident, a case was registered in Crime No.672 of 2009 on the file of the Harur Police Station.

(3.) At the time of accident, the injured Vijayan was aged 40 years and was doing agricultural operations as also working as driver and was earning Rs. 12,000/- per month. The injured Parvathy, was aged 40 years at the time of accident and was doing agricultural cooly in addition she was preparing food and supplying to family members and was earning Rs. 6,000/- per month. The second respondent herein is the owner of the car and the appellant is the insurer of the car. Stating that the accident occurred due to the rash and negligent driving of the driver of the car, the 1st respondent in both appeals have filed claim petitions claiming compensation of Rs. 8,00,000/- each.