The main legal point established is the liability of the Insurance Company for compensation under the Motor Vehicles Act due to the lorry driver's negligent driving.

JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 28.10.2021 made in M.C.O.P.No.1006 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP cases, Small Causes Court, Chennai.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the judgment and decree dated 28.10.2021 made in M.C.O.P.No.1006 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP cases, Small Causes Court, Chennai.

2. The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.1006 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.II to deal with MCOP cases, Small Causes Court, Chennai. The respondents 1 to 4 filed the said claim petition claiming a sum of Rs.20,00,000/- as compensation for the death of one Sujatha, who died in the accident that took place on 27.09.2014.

3. According to the respondents 1 to 4, on the date of accident i.e., on 27.09.2014 at about 08.45 hours, while the deceased Sujatha along with other co-workers were travelling in the share Auto Rickshaw bearing Registration No.AP-03-X-9477 from Mugali, Venkatagiri Village to Mugali Village in Chittoor District towards Palamaner side, on Chennai – Bangalore National Highways Road and while they were proceeding near Gandlapalli bus stop in Bangarupalem Mandal, the driver of the lorry belonging to the 5th respondent bearing Registration No.TN-02-AR-8043, who was coming in the opposite direction, drove the same in a rash and negligent manner and came on the wrong side of the road, hit the share Auto Rickshaw and caused the accident. In the accident, the said Sujatha and one Pyarijan died and other persons sustained grievous injuries all over the body. Therefore, the respondents 1 to 4 have filed the above claim petition claiming compensation for the death of said Sujatha against the 5th respondent, owner of the lorry and appellant/Insurance Company, insurer of the said lorry.

4. The 5th respondent, owner of the lorry filed counter statement denying the averments made in the claim petition and stated that the driver of the share Auto Rickshaw drove the same in a rash and negligent manner and invited the accident. The total compensation claimed by the respondents 1 to 4 is excessive and prayed for dismissal of the claim petition.

5. Though the 5th respondent, owner of the lorry filed counter statement, he remained exparte before the Tribunal.

6. The appellant/Insurance Company filed counter statement denying the averments made in the claim petition and stated that the accident has occurred only due to negligence of the driver of the share Auto Rickshaw, in which the deceased person travelled, since at the time of accident, more than ten persons have travelled in the said share Auto Rickshaw. Therefore, the appellant/Insurance Company is not liable to pay any compensation to the respondents 1 to 4. In any event, the compensation claimed by the respondents 1 to 4 is excessive and prayed for dismissal of the claim petition.

7. Before the Tribunal, the 1st respondent, husband of the deceased examined himself as P.W.1 and other claimants in other M.C.O.Ps. have examined themselves as P.W.2 to P.W.6 and 84 documents were marked as Exs.P1 to P84. The appellant/Insurance Company did not let in any oral and documentary evidence. Disability certificates issued by the Medical Board were marked as Exs.C1 and C2.

8. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred due to rash and negligent driving by the driver of the lorry belonging to the 5th respondent and directed the appellant/Insurance Company being the insurer of the said lorry to pay a sum of Rs.18,05,100/- as compensation to the respondents 1 to 4.

9. Against the said award dated 28.10.2021 made in M.C.O.P.No.1006 of 2015, the appellant/Insuran