S MURUGAN Vs. M VEENAINATHAN

JUDGEMENT

(1.) HEARD Mr. K. S. Narasimhan, Learned Counsel for the Insurance Company and Mr. M. Swamikannu, Learned Counsel for the Claimant.

(2.) THE above Appeals have been filed against the award passed by the Motor Accidents Claims Tribunal, Chennai in MACTOP No. 4200 of 2002 dated 9. 9. 2002. CMA. No. 436 of 2006 has been filed by the Claimant not being satisfied with the award, and CMA. No. 1094 of 2006 has been filed by the Insurance Company. The facts which are necessary for deciding the above Appeals are as hereunder.

(3.) ON 14. 07. 2005 at about 03. 00 hours, the Claimant, S. Murugan was proceeding as a Co-Driver in a Container Lorry from North to South in G. S. T. Road. Due to the negligence of the driver, the Lorry dashed against the left side parapet Wall which resulted in the Claimant sustaining multiple fractures and injuries all over his body. The Claimant claimed compensation of Rs. 23,00,000/- under various heads. The Claimant contended that the Driver of the Lorry was solely and directly responsible for the accident and the owner of the Vehicle and the Insurer of the vehicle were jointly and severally liable to pay compensation.