N DEVAN Vs. V KALA BHARATHI

JUDGEMENT

(1.) This appeal and the cross-objections arise out of an award made in O.P. No.774 of 1993 dated 29-4-1997 by the Motor Accidents Claims Tribunal-cum- V Additional District Judge, at Tirupati (for short "the Tribunal"). Since the appeal and the cross-objections arise out of the same award made in O.P. No.774 of 1993, they are being disposed of by the following common order.

(2.) There are two appellants in C.M.A.No.1726 of 1997, the first appellant being the owner of the offending lorry bearing No.AAC 7477 who is a resident of Balaji Nagar, Greamspet, Chittoor and the second appellant is the Oriental Insurance Company Limited, Chittoor - insurer of the offending vehicle AAC 7477. These two appellants have chosen to assail the award passed by the Tribunal granting a total compensation of Rs.98,40,500/- with interest at 12% per annum from the date of the petition till the date of realisation, to the respondents-claimants herein. The respondents-claimants have also filed cross- objections in this appeal being dissatisfied with the compensation of Rs.98,40,500 /- granted by the Tribunal below as against their total claim of Rs.Two crores, for the death of V. Rajkumar in a motor vehicle accident occurred on 29-4-1993 at 1-30 p.m. near Kalroadpalle on Chittoor-Tirupati main road.

(3.) When the appeal and cross-objections are taken up for consideration, on behalf of the claimants/cross-objectors, a preliminary objection is raised with regard to the maintainability of the appeal in CM,A. No.1726 of 1997 by the Insurance Company along with the owner of the offending vehicle involved in the accident. Likewise, on behalf of the appellants in C.M.A, No.1726 of 1997, a preliminary objection is also raised with regard to the maintainability of the cross-objections filed by the respondents-claimants in the appeal.