NOORJAN @ NOORI Vs. SATHISH

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed against the award dated 23.12.2010 made in M.C.O.P.No.3583 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Court (Fast Track Court No.1), Chennai.

(2.) Both the appeals arise out of the same accident and same award and hence they are disposed of by this common judgment. The parties are referred to as per their respective ranks in the claim petition for the sake of convenience.

(3.) The appellant in C.M.A.No.3789 of 2011 is claimant and the appellant in C.M.A.No.1219 of 2019 is 2nd respondent in M.C.O.P.No.3583 of 2004 on the file of the Motor Accidents Claims Tribunal, Additional District Court (Fast Track Court No.1), Chennai. The claimant filed the above claim petition claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by her in the accident that took place on 22.05.2004. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the Bajaj auto rickshaw belonging to the 1st respondent and directed the 2nd respondent being insurer of the said auto rickshaw to pay a sum of Rs.1,01,500/- as compensation to the claimant. Not being satisfied with the award amount granted by the Tribunal, the claimant has come out with C.M.A.No.3789 of 2011, seeking enhancement of compensation. Against the said award dated 23.12.2010 made in M.C.O.P.No.3583 of 2004, the 2nd respondent-Insurance Company has come out with C.M.A.No.1219 of 2019, challenging the liability fastened on them.