IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 03.11.2023 CORAM THE HON'BLE MR.JUSTICE M.DHANDAPANI C .M.A.Nos.2241, 2243, 2244, 2245 & 2246 o f 2018 and C.M.P.Nos.17214, 17216, 17217, 17218 & 17219 of 2018 The Oriental Insurance Co. Ltd., The Branch Office, No.12, Katpadi Road, Gudiyatham. ... Appellant in all C.M.As Vs.

1. V.K.Gopalakrishnan

2. K.Maithily

3. V.G.Senthil Kumar

4. S.S.Durai Samy

5. The Oriental Insurance Co. Ltd., The Branch Office, No.12, Katpadi Road, Gudiyatham Taluk, Vellore District.

... Respondents in C.M.A.No.2241 of 2018 (Respondent No.4 exparte in Lower Court and 5th Respondent given up unnecessarily)

1. D.Murali

2. V.G.Senthil Kumar

4. S.S.Durai Samy ... Respondents in C.M.A.No.2243 of 2018 (Respondent No.3 exparte in Lower Court and hence notice may be dispensed with)

1. R.Ramesh

2. V.G.Senthil Kumar

4. S.S.Durai Samy ... Respondents in C.M.A.No.2244 of 2018 (Respondent No.3 exparte in Lower Court and hence notice may be dispensed with)

1. V.Vachala

2. V.G.Senthil Kumar

4. S.S.Durai Samy ... Respondents in C.M.A.No.2245 of 2018 (Respondent No.3 exparte in Lower Court and hence notice may be dispensed with)

1. K.Maithily

2. V.G.Senthil Kumar

3. S.S.Durai Samy

4. The Oriental Insurance Co. Ltd., The Branch Office, No.12, Katpadi Road, Gudiyatham Taluk, Vellore District.

... Respondents in C.M.A.No.2246 of 2018 (Respondent No.3 exparte in Lower Court and 4th Respondent given up unnecessarily)

Common Prayer: Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act 1988, against the Judgment and decree in M.C.O.P.No.1 of 2007, M.C.O.P.No.76 of 2007, M.C.O.P.No.77 of 2007, M.C.O.P.No.78 of 2007, M.C.O.P.No.92 of 2007 dated 30.10.2010 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Gudiyatham at Vellore District.

For Appellant : Mr.E.Rajadurai For Mr.M.B.Gopalan in all the CMAs

COMMON JUDGMENT

Since the issues involved in all these cases are one and the same, all are disposed of by way of this common order.

2. The Insurance Company has come forward with these appeals, https://www.mhc.tn.goavs.in/ju adigsainst the common award and decree dated 30.10.2010 in MCOP.Nos.1,92,76,77 and 78 of 2007 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Court / Fast Track Court No.1) Chidambaram.

3. It is the case of the appellant that on 06.12.2006 at about 12 mid night near Ganga Milk Dairy between Kancheepuram to Gudiyatham the claimants and the deceased Kavitha were travelling in Tata Sumo Vehicle bearing Reg. No.TN 09 F 7175 which was driven by its driver in a rash and negligent manner and dashed against the stationed lorry bearing Reg. No.TN 28 H 0934, due to which, the deceased Kavitha died on the spot and other claimants were sustained injuries and thereafter they have admitted in hospital and taken treatment. Thereafter, the claimants and the dependent of the deceased have filed a separate claim petitions before the Motor Accidents Claims Tribunal claiming compensation. The Tribunal, considering the pleadings, oral and documentary evidence, vide common order dated 30.10.2010, allowed the claim petitions and awarded compensation in favour of the claimants and directed the insurance company and the owner of the Tata sumo to pay the compensation to the claimants. Challenging the liability fixed on the appellant/Insurance Company, the present appeals have been filed.

4.The learned counsel appearing for the appellant Insurance company submitted that the claimants and the deceased have travelled in a private car as occupants, due to rash and negligence of the driving, they have sustained injuries and one person lost her life. The second respondent is having Act policy and the injured are the occupant of the car. As such, there is no coverage for the occupants/injured persons of the car. Without considering the said fact, the Tribunal has fixed 50% liability as against the insurance company, which is liable to be set aside. The learned counsel further submitted tha