IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 05.04.2022

PRONOUNCED ON : 29.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

C.M.A.NOS.1500 & 1501 OF 2017

AND

C.M.P.NOS.8020 & 8021 OF 2017

C.M.A.No.1500 of 2017

The Branch Manager,

The Oriental Insurance Co. Ltd.,

No.75, krishnan Street, Near Anna Statue,

Tiruvannamalai Town.

... Appellant/2^nd Respondent

Vs.

1. Krishnaveni

2. Minor Sathya

3. Minor Uma

Minors 2 & 3 are represented by

Guardian and mother Krishnaveni

... Respondents 1 to 3/Petitioners

4. Selvaraj

... IV Respondent/I Respondent

5. Muthulakshmi

... V Respondent/III Respondent

6. The Manager,

National Insurance Co. Ltd.,

No.19, Officers Line,

First Floor, Vellore.

... 6^th Respondent/4^th Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of

the Motor Vehicles Act, 1988, against the judgment and decree

dated 31.03.2016 passed by the tribunal in the M.C.O.P.No.321 of

2013 on the file of the Motor Accidents Claims Tribunal (Chief

Judicial Magistrate) at Tiruvannamalai.

https://hcservices.ecourts.gov.in/hcservices/

For Appellant

:

Mr.M.Krishnamoorthy

For Respondents

:

Ms.A.Subadra for

Ms.M.Malar for R1

Mr.S.Arunkumar for R4

R3 & R2 - Exparte

C.M.A.No.1501 of 2017

The Branch Manager,

The Oriental Insurance Co. Ltd.,

No.75, krishnan Street, Near Anna Statue,

Tiruvannamalai Town.

... Appellant/2^nd Respondent

Vs.

1. Devendran

... I Respondent/Petitioner

2. Selvaraj

... II Respondent/I Respondent

3. Muthulakshmi

...III Respondent/ III Respondent

4. The Manager,

National Insurance Co. Ltd.,

No.19, Officers Line,

First Floor, Vellore.

... IV Respondent/IV Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 173 of

the Motor Vehicles Act, 1988, against the judgment and decree

dated 31.03.2016 passed by the tribunal in the M.C.O.P.No.23 of

2014 on the file of the Motor Accidents Claims Tribunal (Chief

Judicial Magistrate) at Tiruvannamalai.

For Appellant

:

Mr.M.Krishnamoorthy

For Respondents

:

M/s.A.Subadra for

M/s.M.Malar for R1

Mr.S.Arunkumar for R4

R3 & R2 - Exparte

COMMON JUDGMENT

The 2^nd respondent in M.C.O.P.No.321 of 2013 on the file of

the Chief Judicial Magistrate Court at Tiruvannamalai / Motor

Accident Claims Tribunal had filed C.M.A.No.1500 of 2017.

https://hcservices.ecourts.gov.in/hcservices/

2.The 2^nd respondent in M.C.O.P.No.23 of 2014 on the file of

the Chief Judicial Magistrate Court at Tiruvannamalai / Motor

Accident Claims Tribunal had filed C.M.A.No.1501 of 2017.

3.Both the appellants are the Oriental Insurance Company

Limited and they are the insurer of the lorry bearing

registration number TNR-4069. In both the claim petitions,

awards had been granted by separate orders dated 31.03.2016.

Since the claim petitions had arisen out of the same accident,

and since common arguments were advanced on the appeals, a

common judgment is passed in the appeals.

4.On 26.11.2008 at around 9 p.m., deceased Palani was

driving a motor cycle bearing registration number TN-60-B-8460

in Tiruvannamalai – Kanchipuram Road to go to Adi Annamalai

Srilankan Refugee Camp. He was having as his pillion riders,

Jayakumar and Devendran. It was claimed that at that point of

time, a lorry bearing registration number TNR-4069 had come in a

rash and negligent manner from behind and had dashed against the

motor cycle and owing to that accident, the driver of the motor

cycle, Palani died and one of the pillion riders, Devendran

suffered injuries. Claiming compensation for the death of

Palani, his legal representatives namely, his wife and two minor

daughters had filed M.C.O.P.No.321 of 2013.

Claiming

compensation for the injuries suffered, Devendran filed

M.C.O.P.No.23 of 2014.

5.The Tribunal, by two seperate awards, both dated

31.03.2016 had granted a total compensation of Rs.7,38,000/- to

the legal representatives of the deceased Palani