ORIENTAL INSURANCE CO. LTD. Vs. ANGUSAMY

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed against the award dated 20.11.2006 made in M.C.O.P.Nos.2, 27 and 3 of 2001 on the file of the Motor Accidents Claims Tribunal, Sub Court, Udumalpet.

(2.) All the three appeals arise out of the common award and same accident and hence they are disposed of by this common judgment. The parties are referred to as per their rank in the claim petition.

(3.) The appellant is 3rd respondent in M.C.O.P.Nos.2, 27 and 3 of 2001 on the file of the Motor Accident Claims Tribunal, Sub Court, Udumalpet. The respondents in C.M.A.Nos.631 and 637 of 2019 filed the claim petitions in M.C.O.P.Nos.2 and 3 of 2001, claiming a sum of Rs.1,00,000/- and Rs.20,000/- respectively as compensation for the injuries sustained by them in the accident that took place on 08.03.2000. The respondent in C.M.A.No.634 of 2019 filed the claim petition in M.C.O.P.No.27 of 2001 claiming a sum of Rs.5,00,000/- as compensation for the death of one Veeramani, who died in the accident that took place on 08.03.2000. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the rider of the motorcycle, first respondent herein belonging 2nd respondent and directed the third respondent-Insurance Company to pay a sum of Rs.55,000/-, Rs.4,00,000/- and Rs.9,000/- respectively as compensation to the claimants. Challenging the said award dated 20.11.2006 made in M.C.O.P.Nos.2, 27 and 3 of 2001, the third respondent-Insurance Company has come out with the present appeals.