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2023 Supreme(Online)(MAD) 22457
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 13.10.2023 CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANI C.M.A.Nos.2587 to 2595 of 2011 And M.P.Nos.1 to 1 of 2011 M/s.National Insurance Co. Ltd., No.74-A, Paramathy Road, Namakkal Town. ... Appellant in C.M.A.2587/2011 Vs.
1.Kuppan
2.Vellaiyammal
3.Kalarani
4.Kalaiselvi
5.Sasikala 6.C.Mohan
7.A.Alagesan
8.M/s.United India Insurance Co. Ltd., No.2, Dr.Sankaran Road, Namakkal Town.
(Respondents 6 & 7 ex parte in Lower Court and hence notice may be dispensed with) ... Respondents in C.M.A.2587/2011 Prayer in C.M.A.No.2587 of 2011:
Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree in M.C.O.P.No.1 of 2007, dated 27.04.2010 on the file of the Court of the Motor Accidents Claims Tribunal, Principal District Court, Namakkal.
For Appellant : M/s.N.B.Surekha in all the C.M.As.
For Respondents : Mr.S.Sankar for R1 to R5 for M/s.C.Thangaraj R6 & R7 – Exparte Mr.M.J.Vijavaragavan for R8 in C.M.A.No.2587 of 2011 Mr.S.Sankar for R1 for M/s.C.Thangaraj R2 & R3 – Exparte Mr.M.J.Vijavaragavan for R4 in C.M.A.Nos.2588 to 2595 of 2011
C O M M O N J U D G M E N T
The second respondent Insurance Company before the Motor Accidents Claims Tribunal, Principal District Court, Namakkal, is the appellant herein. These appeals have been filed seeking to set aside the common order dated 27.04.2010 passed by the Motor Accidents Claims Tribunal, Principal District Court, Namakkal in M.C.O.P.Nos.1, 15, 16, 17, 18, 19, 21, 23 and 24 of 2007 respectively.
2.The brief facts of the case is that on 15.09.2005 at about 3.30 hours the deceased Prabhu (in M.C.O.P.No.1/2007) and the injured (in other M.C.O.Ps.) were travelling in a lorry bearing Registration No.TN-28/A-8728 owned by one A.Alagesan at Karur to Salem NH-7 Main Road, near Ramesh Petrol Bunk, Manmangalam, the said lorry dashed against one parked lorry bearing Registration No.KA-01/AC-9699 owned by C.Mohan since the same was parked without any signal and without observing the Road Traffic Rules, due to which, the said Prabhu died on the spot and the claimants in M.C.O.P.Nos.15, 16, 17, 18, 19, 21, 23 and 24 of 2007 sustained injuries.
3.Thereafter, the dependants of the deceased Prabhu and other injured/ claimants filed claim petitions before the Motor Accidents Claims Tribunal, claiming compensation of Rs.5 Lakhs, Rs.1 Lakh, Rs.1Lakh, Rs.1 Lakh, Rs.1 Lakh, Rs.1 Lakh, Rs.1 Lakh, Rs.4 Lakhs and Rs.4 Lakhs respectively.
4.C.Mohan is the first respondent in the claim petitions.
National Insurance Co. Ltd./ Appellant herein is the second respondent in the claim petitions. A.Alagesan is the third respondent in the claim petitions. United India Insurance Co. Ltd. is the fourth respondent in the claim petitions.
5.After adjudication, the Motor Accidents Claims Tribunal, Principal District Court, Namakkal, 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.1/2007 the tribunal awarded a sum of Rs.4,14,000/- as compensation to the claimants along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(ii)In M.C.O.P.No.15/2007 the tribunal awarded a sum of Rs.66,000/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(iii)In M.C.O.P.No.16/2007 the tribunal awarded a sum of Rs.30,000/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(iv)In M.C.O.P.No.17/2007 the tribunal awarded a sum of Rs.33,000/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(v)In M.C.O.P.No.18/2007 the tribunal awarded a sum of Rs.29,000/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(vi)In M.C.O.P.No.19/2007 the tribunal awarded a sum of Rs.29,500/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realization and costs and directed the respondents 1 and 2 therein are jointly and severally liable to pay the compensation amount.
(vii)In M.C.O.P.No.21/2007 the tribunal awarded a sum of Rs.7,000/- as compensation to the claimant along with interest at the rate of 7.5% p.a. from the date of petition till the date of realizati
