JUDGMENT :

G.K.ILANTHIRAIYAN, J.

1. C.M.A(MD)No.133 of 2021 has been filed by the Royal Sundaram Alliance Insurance Company Limited against the Judgment and Decree passed in M.C.O.P.No.411 of 2017 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai. On the other hand, arising out of the same M.C.O.P.No.411 of 2017 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai, the ICICI Lombard General Insurance Company has filed C.M.A(MD)No.231 of 2021.

2.C.M.A(MD)Nos.505 to 507 of 2021 have been filed by the ICICI Lombard General Insurance Company against the Judgments and Decrees passed in M.C.O.P.Nos.713 of 2015, 786 of 2015 and 2148 of 2014 respectively, on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai.

3.Since the issue involved in all the appeals is one and the same, these appeals are disposed of by a common judgment.

4.The learned counsel appearing for the appellants in stating that notice to the fourth respondent in C.M.A(MD)No.231 of 2021, notice to the fourth respondent in C.M.A(MD)No.505 of 2021, notice to the fifth respondent in C.M.A(MD)No.506 of 2021 and notice to the sixth respondent in C.M.A(MD)No.507 of 2021 may be dispensed with, and filed memos dated 04.12.2025 to that effect. The said memos are recorded.

5.All the claim petitions arise out of one and the same accident, filed by the legal heirs of the deceased persons and injured persons.

6.C.M.A(MD)Nos.231 & 505 to 507 of 2021 are filed by the Insurer, viz., ICICI Lombard General Insurance Company, of the Toyoto Innova Car bearing Registration No.TN-66-A-5004.

7.C.M.A(MD)No.133 of 2021 is filed by the Insurer, viz., Royal Sundaram Alliance Insurance Company Limited, of the Maruthi Swift Car bearing Registration No.TN-59-AR-1721, in which the deceased and injured persons were travelling on 31.08.2014 and met with an accident.

8.The legal heirs of the deceased and injured persons, who travelled in the Maruti Swift Car bearing Registration No.TN-59- AR-1721, filed claim petitions alleging that while travelling on 31.08.2014, driven by one of the deceased, the vehicle proceeding towards Natham on the Madurai Main Road from North to South dashed against the Toyota Innova Car bearing Registration No.TN-66-A-5004, which was coming in the opposite direction on its proper lane. Due to the said accident, three persons died on the spot and two others sustained injuries. Based on the complaint, an F.I.R was registered in Crime No.961 of 2014 on the file of the Inspector of Police, Oomatchikulam Police Station, Madurai District.

9.In support of their claim petitions, P.W.1 to P.W7 were examined and Ex.P.1 to Ex.P.59 were marked. On the side of the respondents, R.W.1 was examined and Ex.R.1 and Ex.R.2 were marked. Witness documents were marked as Ex.W.1 to Ex.W.10 and a Court document was marked as Ex.X1.

10.On perusal of the oral and documentary evidence, the Tribunal fixed the liability on the insurer of the Maruti Swift Car viz., Royal Sundaram Alliance Insurance Company Limited, at 70% and fixed the remaining 30% liability on the insurer of the Toyota Innova Car viz., ICICI Lombard Insurance Company Limited. Aggrieved by the same, both insurers have filed these appeals questioning the apportionment of liability.

11.The learned counsel appearing for the appellant/ICICI Lombord Insurance Company Limited in C.M.A(MD)Nos.231 & 505 to 507 of 2021 submits that even as per the F.I.R, which was marked as Ex.P.32, the driver of the Maruti Swift Car drove the vehicle in a rash and negligent manner and also under the influence of alcohol, and thereafter crossed into the adjacent lane and dashed against the Toyota Innova Car, which was coming from opposite direction on its proper lane. Therefore, the accident occurred solely due to the rash and negligent driving of the Maruti Swift Car driver, and hence no negligence can be attributed to the driver of the Toyota Innova Car. The rough s