JUDGMENT

The Insurance Company has filed this appeal against the Award passed by the Tribunal in MCOP No.2684 of 2012 dated 06.03.2021, questioning both the percentage of liability that was fastened against the Insurance Company and also the quantum of compensation that was fixed under various heads.

2.The case of the claimant is that on 22.02.2012 at about 20:30 hours, he was attending the fault in a vehicle that was stranded in Royapuram new over bridge and at that point of time, the offending vehicle which is the two wheeler owned by the 1st respondent was driven by a minor in a rash and negligent manner and the two wheeler hit the claimant as a result of which he sustained compound Grade II fracture both bone legs right mid 1/3rd and left distal 1/3rd. The disability was assessed by the Medical Board at 40% and it is under these circumstances, the claim petition came to be filed before the Tribunal seeking for payment of compensation.

3.The claimant had added the owner of the two wheeler who is the 1st respondent as well as the owner of the goods vehicle who is the 3rd respondent and the 2nd the 4th respondents in the claim petition are the Insurance Companies in which both those