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2023 Supreme(Online)(MAD) 21282
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 09.10.2023 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.M.A.Nos.2984 to 2987 of 2013 And M.P.Nos.1 to 1 of 2013 The National Insurance Co. Ltd., Branch Office, No.333, Bangalore Road, Anuradha Complex, III Floor, Krishnagiri 635 001. ... Appellant in all the C.M.As.
Vs.
1.R.Malathi
2.Minor.Sakthivel
3.Minor.Pavithra
4.Periyasamy
5.Ellammal Minors represented by NF Mother R.Malathi N.Saravanan (died)
6.Thavamani
7.Natarajan 8.B.Parvathi
9.The New India Assurance Co. Ltd., Branch Office, 1/164, Dr.Prakasam Road, Tirupathi 517 501. ... Respondents in C.M.A.2984/2013
1.Chinnasamy (Died)
[Respondent – 1 Died. Respondent -2 who is already on record as LR of the deceased viz. Chinnasamy as per the memo dated 8/6/23 and vide court order dated 8/6/2023 made in CMA No.
2985/2013 by KRSJ (Recorded)]
2.Yashodha N.Saravanan (died)
3.Thavamani
4.Natarajan 5.B.Parvathi
6.The New India Assurance Co. Ltd., Branch Office, 1/164, Dr.Prakasam Road, Tirupathi 517 501. ... Respondents in C.M.A.2985/2013
1.Ponnusamy
2.Kamala N.Saravanan (died)
3.Thavamani
4.Natarajan 5.B.Parvathi
6.The New India Assurance Co. Ltd., Branch Office, 1/164, Dr.Prakasam Road, Tirupathi 517 501. ... Respondents in C.M.A.2986/2013
1.Chitra 2.Murali
3.Minor Karthik Represented by N.F.Mother Chithra N.Saravanan (died)
4.Thavamani
5.Natarajan 6.B.Parvathi
7.The New India Assurance Co. Ltd., Branch Office, 1/164, Dr.Prakasam Road, Tirupathi 517 501. ... Respondents in C.M.A.2987/2013 Prayer in C.M.A.No.2984 of 2013:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.02.2012 and made in M.A.C.T.O.P.No.1317 of 2008 on the file of the Court of the Additional District Judge, Krishnagiri.
Prayer in C.M.A.No.2985 of 2013:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.02.2012 and made in M.A.C.T.O.P.No.67 of 2010 on the file of the Court of the Additional District Judge, Krishnagiri.
Prayer in C.M.A.No.2986 of 2013:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.02.2012 and made in M.A.C.T.O.P.No.1318 of 2008 on the file of the Court of the Additional District Judge, Krishnagiri.
Prayer in C.M.A.No.2987 of 2013:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Decree dated 17.02.2012 and made in M.A.C.T.O.P.No.1316 of 2008 on the file of the Court of the Additional District Judge, Krishnagiri.
For Appellant : M/s.S.Vadivel in all the C.M.As.
For Respondents : Mr.Mukund R.Pandian for R4 & R5 R1 to R3, R6 to R8 – No Appearance Ms.S.R.Sumathy for R9 in C.M.A.No.2984 of 2013 R1 – Died Mr.Mukund R.Pandian for R2 R3 to R5 – No Appearance Ms.S.R.Sumathy for R6 in C.M.A.No.2985 of 2013 Mr.Mukund R.Pandian for R1 & R2 R3 to R5 – No Appearance Mr.C.Prabakaran for R6 for M/s.N.Anand in C.M.A.No.2986 of 2013 Mr.Mukund R.Pandian for R1 & R3 R2, R4, R5 & R6 – No Appearance Mr.C.Prabakaran for R7 for M/s.N.Anand in C.M.A.No.2986 of 2013
C O M M O N J U D G M E N T
The fourth respondent Insurance Company before the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri, is the appellant herein. These appeals have been filed seeking to set aside the common order dated 17.02.2012 passed by the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri in M.C.O.P.Nos.1317 of 2008, 67 of 2010, 1318 of 2008 and 1316 of
2008 respectively.
2.The brief facts of the case is that on 06.08.2008 at about
10.00 p.m., Chinnasamy (deceased in M.C.O.P.No.67/2010) started with another Chinnasamy (deceased in M.C.O.P.No.1316/2008), Rajamanickam (deceased in M.C.O.P.No.1317/2008) and Gnanavel (deceased in M.C.O.P.No.1318/2008) in Eicher Lorry bearing Registration No.T.N.43/3632 from their village – Kudimenahalli to go to Anaikattu Village near Vellore for harvesting mangoes. When the said lorry was going near Ambur Sugar Mills in the National Highway Road, driver of the Lorry bearing Registration No.AP.16/1206 which was going in front of the Eicher lorry, suddenly slowed down without giving any signal or indication. The driver of the Eicher lorry has not anticipated the above said act, hence Eicher lorry driver dashed on the back side of another lorry. Due to the impact, the aforesaid Chinnasamy, Chinnasamy, Rajamanickam and Gnanavel sustained fatal injuries and died on the spot.
3.Thereafter, the dependants of the deceased/ claimants filed claim petitions before the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri, claiming compensation of Rs.5,25,000/- in each claim petition.
4.N.Saravanan (died) is the first respondent in the claim petitions. Thavamani is the second respondent in the claim petitions. Natarajan is the third respondent in the claim petitions. The National Insurance Co. Ltd./ Appellant herein is the fourth respondent in the claim petitions. B.Parvathi is the fifth respondent in the claim petitions. The New India Assurance Co. Ltd., Tirupathi is the sixth respondent in the claim petitions.
5.After adjudication, the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri, awarded the following compensation to the claimants/ petitioners therein and aggrieved by the same, the appellant Insurance Company has filed these appeals.
(i)In M.C.O.P.No.67/2010 the tribunal directed the respondents
4 and 6 therein to pay a sum of Rs.3,49,000/- as compensation to the claimants at the first instance in 80 : 20 ratio respectively and to recover the same from the respondents 2, 3 and 5 therein with interest at the rate of 6% p.a., from the date of petition till realisation.
(ii)In M.C.O.P.No.1316/2008 the tribunal directed the respondents 4 and 6 therein to pay a sum of Rs.3,76,000/- as compensation to the claimants at the first instance in 80 : 20 ratio respectively and to recover the same from the respondents 2, 3 and 5 therein with interest at the rate of 6% p.a., from the date of petition till realisation.
(iii)In M.C.O.P.No.1317/2008 the tribunal directed the respondents 4 and 6 therein to pay a sum of Rs.4,29,000/- as compensation to the claimants at the first instance in 80 : 20 ratio respectively and to recover the same from the respondents 2, 3 and 5 therein with interest at the rate of 6% p.a., from the date of petition till realisation.
(iv)In M.C.O.P.No.1318/2008 the tribunal directed the respondents 4 and 6 therein to pay a sum of Rs.3,11,000/- as compensation to the claimants at the first instance in 80 : 20 ratio respectively and to recover the same from the respondents 2, 3 and 5 therein with interest at the rate of 6% p.a., from the date of petition till realisation.
6.The learned counsel appearing for the appellant submitted that in the claim petitions, the claimants have stated the occupation of the deceased as, tailor and borewell job; coolie and cattle broker; diploma holder in sidha and studied yoga and did his examination at Chidambaram and is also an experienced and efficient conductor; and co
