- (1.) The present Civil Miscellaneous Appeal has been filed under Sec.173 of Motor Vehicles Act, has been filed by the Insurance Company against the judgment and decree, dated 10.04.2007, made in M.C.O.P No.2097 of 2004 on the file of the Motor Accidents Claim Tribunal, (Chief Court of Small Causes), Chennai, while the claimant/victim has preferred Cross Objection Under Order 41 Rule 22 of CPC not being satisfied with the quantum of award passed by the Tribunal.
(2.) Both the Appeal and Cross Objection, arising from the same judgment of the Tribunal, are disposed of by a common judgment.
(3.) The Insurance Company is the appellant. The first respondent filed a claim petition before the Motor Accidents Claim Tribunal, Additional District Judge, Fast Track Court No.I, Salem in O.P No 2097 of 2004, claiming compensation for the injuries sustained by him in a road accident occurred on 22.2.2004 around 3.30 p.m on the ECR Road at Kovalam. According to the claimant, he was travelling as a pillion rider in the motor bike, bearing Registration No:TN07AB 1643, driven by one Muthu, who drove the vehicle in a rash and negligent manner and ultimately, lost his control and dashed against the median wall and thereby the accident had occurred. The claimant suffered fracture of the right legs and other injuries. He had claimed a sum of Rs.10,50,000/- against the owner of the vehicle and the Insurance Company.;