JUDGMENT :

(Prayer: Civil Miscellaneous Appeals filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 13.12.2018 made in MCOP No.761 of 2011 on the file of the Motor Accident Claims Tribunal, Sub Court at Sankagiri.)

1. Both the appeals arise out of the same award and same accident hence disposed of by this common judgment. Parties are referred to as per their ranking in the claim petition for the sake of convenience.

2. CMA No.2971 of 2019 has been filed by the claim petitioner seeking enhancement of compensation awarded in MCOP No.761 of 2011 on the file of the Motor Accident Claims Tribunal, Sub-Court, Sankagiri.

3. CMA No.2532 of 2023 has been filed by the Insurance Company challenging the very same award on the point of liability as well as quantum of compensation awarded by the Tribunal.

4. By the Administrative Order of My Lord, The Hon'ble Chief Justice, both the Civil Miscellaneous Appeals are posted before this court.

5. The factum of accident, manner of accident, rash and negligent driving on the part of the driver of the vehicle belonging to the first respondent and insured with the second respondent are not in dispute. Accordingly, th