JUDGMENT :

(Prayer: CMA No. 3059 of 2014:- Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.03.2012 passed in MCOP No. 617 of 2006 on the file of Motor Accidents Claims Tribunal, Principal District Court, Krishnagiri

CMA No. 3059 of 2014:- Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.03.2012 passed in MCOP No. 882 of 2006 on the file of Motor Accidents Claims Tribunal, Principal District Court, Krishnagiri

CMA No. 3061 of 2014:- Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 08.03.2012 passed in MCOP No. 883 of 2006 on the file of Motor Accidents Claims Tribunal, Principal District Court, Krishnagiri)

1. All these three appeals are filed by M/s. Oriental Insurance Company Limited, Hosur, Krishnagiri District. The appellant is the insurer of Maxi Cab vehicle bearing Registration No. TN-23-B-5234 which met with the accident on the fateful day on 27.10.2005. The appellant questions the validity and correctness of the common order dated 08.03.2012 passed in MCOP Nos. 617 882 and 883 of 2006 on the file of Motor Accidents Claims Tribunal, Principal District Court, Krishnagiri in so far as it relates to fixing 40% liability on them as insurer of the Maxi Cab vehicle. According to the appellant, the entire liability ought to have been fixed by the Tribunal on the insurer of the bus namely New India Assurance Company Limited and fixing 40% liability towards the appellant is improper.

2. Before the Tribunal, three claim petitions were filed and they are MCOP No. 617, 882 and 883 of 2006. All these claim petitions were taken up for hearing together and disposed of by the Tribunal by a common order dated 12.07.2006.

3. MCOP No. 617 of 2006 was filed by the parents of the deceased Indumathi, who was aged 19 years at the time of accident. According to the claimants, their daughter Indumathy was studying first year Teacher Training course in Bangalore. On 27.10.2005, when their daughter Indumathi was travelling in Maxi Cab Travels bearing TN 23 B 5234 from Golrur to Krishnagiri. driven by one Babu, the driver of KPN Travels Bus bearing Registration No. KA-21-D-0001 driven by the driver K. Thangaraj in a rash and negligent manner and hit the maxi cab vehicle. In the impact, the deceased sustained grievous injuries and taken to Government Hospital, Krishnagiri, but she died on the same day namely 27.10.2005. For her death, as parents, they have filed the claim petition claiming a sum of Rs.10 lakhs as compensation.

4. The other two claim petitions namely MCOP No. 882 and 883 of 2006 were filed by Kumar on his own behalf and on behalf of the minor children for the death of his wife and his minor child aged 3 years old in the very same accident on 27.10.2005, while they were travelling in the Maxi Cab vehicle. While MCOP No. 882 of 2006 was filed for the death of his wife Santha, claiming a sum of Rs.10 lakhs, MCOP No. 883 of 2006 was filed for the death of his three year old minor girl Arinitha seeking compensation of Rs.5 lakhs.

5. All the claim petitions were contested by the appellant - Oriental Insurance Company Limited as well as the New India Assurance Company Limited before the Tribunal by filing counter statement.

6. Before the Tribunal, on behalf of the claimants, Pws 1 to 4 were examined and Exs. A1 to A10 were marked. On the side of the respondents in the claim petition, neither any witness nor any document marked. The Tribunal, upon examining the oral and documentary evidence, concluded that the accident was caused due to the negligence of the driver of Maxi Cab vehicle as well as the driver of the Bus belonging to M/s. KPN Tours and Travels Private Limited. Therefore, the Tribunal fixed 40% negligence on the driver of Maxi Cab vehicle insured with the appellant and 60% on the driver of KPN bus insured with New India Assurance Company Limited.

MCOP No. 617 of 2006

7. As far as