NEW INDIA ASSURNCE CO. LTD Vs. S. REVATHY

JUDGEMENT

(1.) C.M.A.No.623 of 2018 is filed by the Insurance Company against the award dtd. 13/12/2017 made in M.C.O.P.No.1911 of 2008 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai.

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

(3.) The claimant filed M.C.O.P.No.1911 of 2008 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai, claiming a sum of Rs.15,00,000.00 as compensation for the injuries sustained by her in the accident that took place on 12/6/2006. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the auto belonging to the 1st respondent and directed the 2nd respondent/Insurance Company to pay a sum of Rs.95,000.00 as compensation to the claimant at the first instance and recover the same from the 1st respondent. Against the said award dtd. 13/12/2017 made in M.C.O.P.No.1911 of 2008, the second respondent/Insurance Company has come out with C.M.A.No.623 of 2018 challenging the liability as well as quantum of compensation. Not being satisfied with the amounts granted by the Tribunal, the claimant has come out with C.M.A.No.802 of 2018 seeking enhancement of compensation.