JUDGMENT :

(Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the common Judgment and Decree dated 21.08.2013 made in M.C.O.P.Nos.3514 to 3516 of 2010 on the file of Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai.)

1. These matter are heard through “Video Conferencing”.

2. These Civil Miscellaneous Appeals are filed by the appellants/claimants against the common award dated 21.08.2013 made in M.C.O.P.Nos.3514 to 3516 of 2010 respectively on the file of the Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai.

3. By consent of both the parties, these Civil Miscellaneous Appeals have been taken up for final disposal.

4. The National Insurance Company is the second respondent in M.C.O.P.Nos.3514 to 3516 of 2010 respectively on the file of the Motor Accidents Claims Tribunal, Special Sub Judge-II, Chennai.

5. The appellants in C.M.A.Nos.2913 to 2015 of 2014 are the claimants in M.C.O.P.Nos.3514 to 3516 of 2010 respectively, filed the above said claim petitions, claiming a sum of Rs.6,00,000/-, Rs.15,00,000/-and Rs.10,00,000/- as compensation for the injuries sustained by them in the accident that took place on 26.04.2010.

6. According to the claimants, on 26.04.2010 at about 11.30 A.M., when they were travelling in a car bearing registration No.TN-02-AB-2000 proceeding to Tirunelveli on the Trichy to Madurai four ways Road, near Kottampatti bye pass Road, at Pandangudi Division Road, a Scorpio car bearing registration No.TN-63-J-0702 came in a rash and negligent manner on the wrong direction, dashed against the right side of the appellants’ car and as a result of which, the car rotated twice and dashed against the road side wall and caused the accident. In the accident, all the appellants sustained grievous injuries. The first respondent is the owner and the second respondent is insurer of the car bearing registration No.TN-63-J-0702. Therefore, the appellants/claimants filed the above said claim petitions against the respondents 1 & 2, being the owner and insurer of the car bearing registration No.TN-63-J-0702 for the injuries sustained by them in the accident.

7. The 1st respondent -owner of the car bearing registrationNo.TN-63-J-0702 remained exparte before the Tribunal.

8. The second respondent-National Insurance Company, being the insurer of the car bearing registration No.TN-63-J-0702 filed separate counter statements and denied all the averments made by the claimants. The manner of accident stated in the appeals are false and baseless. The accident occurred while both the vehicles were crossing a junction and the driver of the car bearing registration No.TN-02-AB-2000 was alone responsible for the accident and hence, the second respondent/insurance company, being the insurer of the car bearing registration No.TN-63-J-0702 is not liable to pay any compensation to the appellants. The second respondent denied the age, avocation, income, nature of injuries, disability and period of treatment taken by the claimants. The quantum of compensation claimed by the claimants are excessive and prayed for dismissal of all the claim petitions as against the second respondent/insurance company.

9. Before the Tribunal, the claimant in M.C.O.P.No.3516 of 2010 examined himself as P.W.1 and the claimant in M.C.O.P.No.3515 of 2010 examined herself as P.W.2, Dr.N.Saichandran, was examined as P.W.3 and 27 documents were marked as Exs.P1 to P27. On behalf of the respondent/National Insurance Company no oral or documentary evidence was marked.

10. Upon consideration of both oral and documentary evidence, the Tribunal, vide common order dated 21.08.2013, held that the accident has occurred only due to rash and negligent driving by the driver of the car bearing registration No.TN-63-J-0702 belonging to 1st respondent and directed the 2nd respondent/Insurance Company t