R. SUBBIAH, S. KANNAMMAL
R. Sadasivam – Appellant
Versus
Mohanasundar – Respondent
JUDGMENT :
(R. Subbiah, J.)
Both these Civil Miscellaneous Appeals are filed as against the award dated 22.03.2017 made in MCOP No. 272 of 2014 on the file of Motor Accident Claims Tribunal (III Additional District Court), Dharapuram.
2. While CMA No. 2250 of 2017 has been filed by the claimants seeking enhancement of the compensation, CMA No. 3034 of 2017 has been filed by the Insurance Company, as against the very same award passed by the Tribunal, questioning their liability to pay the compensation amount to the claimants. Therefore, both the appeals are taken up for hearing together and disposed of by this common judgment.
3. For the sake of convenience the parties are referred to as per their litigative status in the claim petition as claimants and respondent-Insurance Company.
4. The claimants in these appeals are parents and brother of deceased Dinesh. It is the case of the claimants that on 06.12.2013 at about 11.00 pm the deceased was riding the motor cycle bearing Registration No. TN 22 CV 8230 and when the deceased was driving the vehicle at a minimum speed, near Kamarajar Me
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