NEW INDIA ASSURANCE COMPANY LIMITED Vs. IYYAPPAN

JUDGEMENT

(1.) THESE appeals are directed against the common award passed by the lower court in M.C.O.P.NoS.236 of 1999 and 237 of 1999, dated 16.07.2003 by the Second Respondent, the Insurance Company.

(2.) THE brief facts submitted by both parties before the lower court in M.C.O.P.Nos.236 and 237 of 1999 are as follows:-

(3.) LEARNED counsel for the appellant would submit in his argument that the lower court, without appraising the evidence properly, had fixed the liability of negligence against the driver of the 1st respondent equally, whereas the driver of the third respondent was the basic cause for the commission of the accident. He would further submit that the quantum of compensation fixed for the deceased person in M.C.O.P.No.236/1999, who was the woman and mother of the claimants 1 to 3 was repeated by awarding another sum of Rs.15,000/- per each claimant 1 to 3 and the award of compensation in favour of the claimants 4 and 5, who are the parents of the deceased woman is not correct in the eye of law and the income of the deceased fixed and the multiplier arrived at for assessing the compensation are on higher side and therefore, the award passed in M.C.O.P.No.236 of 1999 should have been modified.