The main legal point established in the judgment is the principle of contributory negligence and the liability of insurance companies in cases of motor accidents.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 13.04.2016 made in M.C.O.P.No.507 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), Trichy.

Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, to set aside the fair and decreetal order dated 13.04.2016 made in M.C.O.P.No.506 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), Trichy.)

Common Judgment:

1. Both the Civil Miscellaneous Appeals have been filed as against the common judgment and decree in M.C.O.P.Nos.506 and 507 of 2009 on the file of the Motor Accident Claims Tribunal (III Addl. Sub Judge), at Tiruchirappalli dated 13.04.2016. Challenging the award passed by the learned Tribunal, the appellant insurance company has filed these appeals.

3. The brief facts leading to filing of these Civil Miscellaneous Appeals are as follows:-

(i) On 12.01.2008, at about 04.15 a.m., the injured claimant in M.C.O.P.No.506 of 2009 was driving a lorry bearing Registration No.KL-01-C-7074. While the injured claimant was travelling in TrichyMadurai National Highway 45 feet road near Aanaikkal, another lorry bearing registration No.TN-25-H-3499 which came in opposite direction, which was driven by its driver in a rash and negligent manner lost control over his vehicle and dashed against lorry bearing Registration No.KL-01- C-7074 driven by the injured claimant. As the result of which, the lorry driver who is claimant in M.C.O.P.No.506 of 2009 sustained multiple injuries. However, the opposite side driver and cleaner died on the spot in the said accident. A case was registered by Valanadu Police Station in Crime No.6 of 2008 under Sections 279, 338 and 304(A) of IPC against the injured lorry driver. The injured claimant in M.C.O.P.No.506 of 2009 sustained right pelvic bone fracture, right thigh bone compound fracture, right foot and ankle fracture with deep lacerated crush injury and angle peeled off, deep lacerated injury on his right elbow, right chest and also deep cut and lacerated injuries on his left hand and deep abrasions on his hip and skin avulsion with open wound and had tenderness and swelling over the left femur and he had deep abrasions over his right elbow and lacerated injury over the left foot and has severe head injuries and he has contusion on his chest, neck, hip and other multiple grievous injuries all over the body. Hence, the injured driver filed M.C.O.P.No.506 of 2009 claiming a compensation of Rs.4,00,000/-.

(ii) While the injured claimant in M.C.O.P.No.507 of 2009 was travelling in Trichy- Madurai National Highway 45 feet road near Aanaikkal, another lorry bearing registration No.TN-25-H-3499 which came in opposite direction was driven by its driver in a rash and negligent manner and had uncontrollable break neck speed. As a result of which, the said lorry driver lost control over his vehicle and dashed against the against the lorry bearing Registration No.KL-01-C-7074 which came in the opposite direction, driven by the injured claimant. The injured petitioner in M.C.O.P.No.507 of 2009 was travelling as a substitute driver in the lorry bearing registration No.KA-01-C-7074 and he sustained fracture on his chest ribs, deep cut injury on his center head, deep lacerated with cut injuries on his hip and lower back and cut injury on his left forearm and his left ear with abrasions and both legs were crushed. That apart he sustained contusion on his chest, neck, hip and other multiple grievous injuries all over the body. He filed M.C.O.P.No. 307 of 2009 claiming a compensation of Rs.1,00,000/-.

4. Refuting the allegations in the claim petition, the second respondent had filed a counter before the Tribunal and has sought for dismissal of the claim petitions.

5. The