ORIENTAL INSURANCE COMPANY LIMITED MADURAI Vs. M BHASKAR

JUDGEMENT

(1.) THESE appeals, filed by the Oriental Insurance Company, Madurai and Virudhunagar, have arisen out of the common judgment rendered by the Tribunal in MCOP Nos. 453 and 310 of 1990.

(2.) DHINAGARA Raj, the claimant in MCOP No. 310 of 1990, is the owner of Lorry TNR 1319. Baskar, the claimant in O.P. 453/90, is owner of the Bus TMN 4688. On 7.1.90, at about 7.50 p.m., when the said lorry was proceeding from west to east, in Tiruchizi Main Road, the Bus TMN. 4608 belonged to M/s Jaya Raodways, Aruppukottai, came in the opposite direction and dashed against the lorry, as a result of which both the lorry and bus got damaged. Therefore, DHINAGARAj, the lorry owner, filed a claim petition in MCOP No. 310/90 and Bhaskar, the owner of the bus, filed a petition in MCOP No. 453 of 1990.

(3.) MR. D.M. Venkataraman, learned counsel appearing for the appellant-Insurance Company, would cited I (1995) ACC 601 ( Nesamony Transport Corporation Ltd. v. Kochammal & others ) and unreported decision in C.M.A. Nos. 650 to 652 of 1993 ( National Insurance Co. Ltd v. V.A. Sriramulu and others ) dated 30.4.1999 rendered by the Honourable P. Sathasivam, J, in order to substantiate the ground of appeals.