LAWS(MAD)-2019-2-139

UNITED INDIA INSURANCE CO. LTD. Vs. M.BHUVANESWARI

Decided On February 28, 2019
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
M.Bhuvaneswari Respondents

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been filed against the award dated 24.11.2015 made in the file of the Special District Court, (Motor Accident Claims Tribunal), Erode.

(2.) Both the appeals arise out of same accident and common award and hence, disposed of by this common judgment.

(3.) The appellant is the 3rd respondent in the file of the Special District Court, (Motor Accident Claims Tribunal), Erode. The respondents 1 and 2 filed the said claim petitions, claiming a sum of Rs.10,00,000/- each as compensation for the death of Malar and Munusamy respectively who died in the accident that took place on 22.10.2010. The Tribunal considering the pleadings, oral and documentary evidence, fixed 75% negligence on the part of the 3rd respondent, driver of the lorry belonging to the 4th respondent and 25% negligence on the part of the rider of the motorcycle (deceased Munusamy) and directed the appellant-Insurance Company to pay a sum of Rs.9,19,000/- and Rs.3,15,000/- as compensation to the respondents 1 and 2 respectively. Against the said common award dated 24.11.2015 made in the appellant-Insurance Company has come out with these appeals.