K.SAMPATH
The New India Assurance Co. , Ltd. , Salem-4 – Appellant
Versus
Vijayakumar – Respondent
1. The above C.M.As. arise out of M.A.C.T. O.P.Nos.1846 of 1992, 1916 of 1992 and 1855 of 1992 on the file of the Motor Accidents Claims Tribunal, Salem. Those three claim petitions arose out of a single accident in which the petitioner in M.A.C.T. O.P.No.1846 of 1992 and the petitioner in M.A.C.T. O.P.No.1855 of 1992 were injured and one Manikandan died and his parents filed M.A.C.T. O.P.No.1916 of 1992. In M.A.C.T. O.P.No.1846 of 1992, as against a claim for Rs.1 lakh, the injured Vijayakumar was awarded Rs.53,850. In M.A.C.T. O.P.No.1855 of 1992, as against a claim for Rs.50,000, the injured Muralidharan was awarded Rs.25,000. In M.A.C.T. O.P.No.1916 of 1992, as against a claim for Rs.5 lakhs, Rs.2,20,000 was awarded. Common questions arise for decision and the C.M.As. are disposed of by the following order.
2. The injured claimants and the deceased were travelling in a jeep bearing registration No. TAT.4946. The jeep dashed against rocks and trees on Yercaud Ghat Road, resulting in the accident. The tribunal held that the accident was only due to the rash and negligent driving of the jeep by its driver. It is not necessary to go into that question as this finding is
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