C O M M O N J U D G M E N T

(Judgment of the Court was delivered by While CMA.No.2761 of 2021 is by the claimant, CMA.No.1852

of 2023 is by the Insurance Company.

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and Exs.P1 to P14 were marked. There was no evidence let in on the side of the Insurance Company. Disability certificate issued by the Medical Board of the Government General Hospital, Karaikal was marked as Ex.X1.

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Thus, the total compensation was arrived at Rs.35,45,859/-.

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CMA.No.1852 of 2023/ Insurance Company would contend that the Tribunal must have at least apportioned certain amount of negligence on the rider of the two wheeler. Relying upon the manner in which the accident had occurred, the learned counsel would submit that, if only the rider of the two wheeler was a little more cautious, the accident could have been averted. The learned counsel would also submit that the non-impleading of the owner of the Alto car which was coming in the opposite direction is also fatal to the claim. On the quantum, the learned counsel would submit that the nature of injuries suffered does not justify the assumed disability at

65%. The learned counsel would submit that, though there is a disability, it may not lead to 65%