JUDGMENT :

V. BHARATHIDASAN, J.

1. All the four appeals have been filed against the Award passed in M.C.O.P.No.411 of 2013, M.C.O.P.No.415 of 2013, M.C.O.P.No. 418 of 2013 and M.C.O.P.No.82 of 2014, dated 31.07.2014, on the file of the Motor Accident Claims Tribunal, II Additional District Court, Thoothukudi.

2. In a road accident took place on 29.06.2012, four persons belonged to same family died and one person sustained injuries. Hence, the four claim petitions have been filed and all the claim petitions were heard together and disposed of by a common Judgment. Challenging the finding on negligence as well as quantum of compensation, the Insurance Company, has filed the four appeals before this Court.

3. For the sake of convenience, the parties are referred to as per the ranking before the Tribunal.

4. In C.M.A(MD)No.858 of 2016, C.M.A(MD)No.859 of 2016, C.M.A(MD)No.860 of 2016 and C.M.A(MD)No.861 of 2016 have been filed respectively against the M.C.O.P.No.411 of 2013, M.C.O.P.No.415 of 2013, M.C.O.P.No.418 of 2013 and M.C.O.P.No. 82 of 2014, dated 31.07.2014, on the file of the Motor Accident Claims Tribunal, II Additional District Court, Thoothukudi.

5. The case of the claimants before the Tribunal is that on 29.06.2012, at about 3.00 p.m., P.W.1/claimant in M.C.O.P.No.411 of 2013 viz., Vinitha, with her husband Rajnikanth; daughter Rethanya; son Rohith Vinai; father-in-law Rajagopal and her Mother-in-law Saroja travelled in a Maruthi Alto car, bearing Registration No.TN-66-B-9100, which was driven by her husband Rajnikanth. They were proceeding towards east to west in Thoothukudi – Palayamkottai Highway, while they were nearing Vaikaikulam Village, a container lorry, bearing Registration No.TN-69-AM-1226, belongs to the 2nd respondent, driven by its driver, came in opposite direction, in a rash and negligent manner, dashed against the car, in which, the claimant's husband Rajnikanth, his father-in-law Raja Gopal and mother-in-law Saroja died on the spot. Her daughter Rethanya was seriously injured, she was taken to the hospital, but on the way, she succumbed to the injuries. The claimant also sustained severe head injuries.

6. Alleging that the accident had taken place due to rash and negligent driving of the driver of the container lorry, the claim petitions have been filed. The husband of deceased Saroja, has filed a claim petition in M.C.O.P.No.82 of 2014, claiming a compensation of Rs.20,00,000/-, for the death of her wife. The claimant/P.W.1, has filed a claim petition in M.C.O.P.No.411 of 2013, claiming a compensation of Rs.10,00,000/-, for the death of her daughter Rethanya; M.C.O.P.No.415 of 2013 has been filed claiming a compensation of Rs.4,00,00,000/-, for the death of her husband Rajnikanth and M.C.O.P.No.418 of 2013 has been filed by P.W.1/Vinitha, claiming a compensation of Rs.20,00,000/-, for the injuries sustained by her.

7. The claim petitions have been contested by the Insurance Company on the ground that the accident was not taken place due to rash and negligent act of the driver of the container lorry. It is further stated that, at the time of accident, the Maruthi Alto Car, driven by the deceased Rajinikanth, came in a rash and negligent manner, hit against a cow, and the driver lost his control, thereafter, hit a Taurus Lorry, bearing Registration No.TN-04-AB-2828, which came in the opposite direction, thereafter dashed against the 2nd respondent container lorry, which was coming slowly in the opposite direction. Hence, there is no negligence on the part of the driver of the container lorry and it is only due to rash and negligent driving of the driver of Maruthi Alto car, the accident had occurred and no negligence can be fixed on the driver of the lorry. Apart from that, the Insurance Company also disputed the monthly income of the deceased, and the claim made by the claimants, highly exorbitant.

8. In order to prove this case, before the Tribunal, the claimants examined 4 witnesses and marked 25 documents.