ICICI LOMBARD GENERAL INSURANCE CO LTD. Vs. PONNUSAMY

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed challenging the liability fastened on the appellant-Insurance Company to pay the compensation granted by the common award dated 29.04.2016 made in M.C.O.P.Nos.445 and 320 of 2008, on the file of the Special District Court, (Motor Accidents Claims Tribunal), Salem.

(2.) Both the appeals are arising out of the same accident and common award. Hence, they are disposed of by this common judgment. The parties are referred to as per their rank in the claim petitions.

(3.) The appellant-Insurance Company is the 2nd respondent in M.C.O.P.Nos.320 and 445 of 2008, on the file of the Special District Court, (Motor Accidents Claims Tribunal), Salem. The claimant in M.C.O.P.No.445/2008 ( 1st respondent in C.M.A.No.2556/2018 ) filed the said claim petition, claiming a sum of Rs.3,00,000/- as compensation for the injuries sustained by him in the accident that took place on 02.01.2018. The claimants in M.C.O.P.No.320/2008 ( respondents 1 and 2 in C.M.A.No.2557/2018), filed the said claim petition, claiming a sum of Rs.20,00,000/- for the death of their son namely Saravana Kumar, who died in the accident that took place on 02.01.2018.