NATIONAL INSURANCE CO LTD Vs. NEHRU

JUDGEMENT

(1.) THE appellant/2nd respondent-insurance company has filed both C.M.A.No.3602 of 2006 and CMA.No.3603 of 2006 challenging the quantum of compensation passed in common award and decree dated 31.1.2006 made in MCOP.No.1045 of 2003 and MCOP.No.1053 of 2003 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.4), Coimbatore at Tiruppur.

(2.) THE 1st Respondent in both appeals/Petitioners in both MCOP.Nos.1045 and 1053 of 2003 have filed claim petitions for compensation of Rs.5 lakhs each for the injuries sustained by them in the motor accident. The petitioners in the claim petitions have stated that on 24.2.2003 at about 6 hours, when they were standing with bike bearing Regn.No.TN 25 B 3615 from east to west in Avinashi to Kovai Main Road in front of L.O.A Petrol bunk in Nalligoundenpalayam keeping left side of the road, a Van bearing Regn.No.TN 39 D 6477, driven by its driver in a rash and negligent manner without observing traffic rules, dashed against the petitioners and the accident was occurred only due to the rash and negligent driving of the driver of the above said van and the petitioner in MCOP.No.1045/2003 sustained fracture at left hand elbow, left hand fingers, left knee, left toe and injuries all over the body and taken treatment at United hospital, Coimbatore and due to the accident, he was unable to do any work and at the time of accident, he was 18 years old and was working as machine helper in S.K.R.S Borewells, Nambiyur and earning Rs.4000/- p.m and hence claimed compensation of Rs.5 lakhs from the respondents who are owner and insurer of the van.

(3.) THE Tribunal has ordered joint trial in both MCOPs and on the side of the claimants/petitioners in both O.Ps examined 4 witnesses as P.Ws.1 to 4 and marked 15 documents as Exs.P1 to P15 and on the side of the appellant-insurance company has not examined any witness and not marked any document.