IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.11.2020

CORAM:

THE HONOURABLE MS.JUSTICE V.M.VELUMANI

C.M.A.Nos.2092 of 2013 & 2265 of 2014

and

M.P.No.1 of 2013 & C.M.P.No.21529 of 2017

C.M.A.No.2092 of 2013:

National Insurance Company Limited,

No.17, Mount Road,

Chennai – 600 002.

.. Appellant/2^nd Respondent

Vs.

1.N.Rangan

2.R.Vijayakumari

Mariyappan Nadar (died)

..Respondents 1 & 2/Claimants

3.Veeragaliammal

4.Narayanasamy (died)

5.Pachaiammal

..Respondents 3 to 5/Respondents 3 to 5

6.Jayanthi

7.Vanmathi

.. Respondents 6 & 7/LRs of R4

(R6 & R7 brought on record as LRs of the

deceased R4 viz., Narayanasamy vide order of

this Court dated 25.02.2020 made in

C.M.P.Nos.3717 to 3719 of 2020 in C.M.A.No.2092

of 2013)

C.M.A.No.2265 of 2014:

1.N.Rangan

2.R.Vijayakumari

.. Appellants/Claimants

Vs.

1.Mariyappan Nadar (Died)

2.National Insurance Company Limited,

No.751, Anna Salai,

Chennai – 600 002.

..Respondents 1 & 2/Respondents 1 & 2

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

3.Veeragaliammal

4.Narayanasamy (died)

5.Pachaiammal

..Respondents 3 to 5/Respondents 3 to 5

6.Jayanthi

7.Vanmathi

.. Respondents 6 & 7/LRs of R4

(R6 & R7 brought on record as LRs of the

deceased R4 viz., Narayanasamy vide order of

this Court dated 02.07.2018 made in

C.M.P.Nos.6660 to 6662 of 2018 in C.M.A.No.2265

of 2014)

Common Prayer: These Civil Miscellaneous Appeals are filed under

Section 173 of Motor Vehicles Act, 1988, against the Judgment

and Decree dated 28.11.2012 made in M.C.O.P.No.3136 of 2005 on

the file of Motor Accidents Claims Tribunal, II Small Causes

Court, Chennai.

C.M.A.No.2092 of 2013:

For Appellant :

Mr.S.Arunkumar

For RR 1 & 2

:

Ms.V.Srimathi

for Mr.N.John Selvaraj

For RR 3 & 5

:

No appearance

RR6 & 7

:

R4 Died steps taken

Not ready in Notice

C.M.A.No.2265 of 2014:

For Appellants :

Ms.V.Srimathi

for Mr.N.John Selvaraj

For R2

:

Mr.S.Arunkumar

For RR 3, 6 & 7:

No appearance

R1, R5 Died

R4 Died Steps taken

C O M M O N J U D G M E N T

The matter is heard through “Video Conferencing”.

2.C.M.A.No.2092 of 2013 is filed by the Insurance Company

against the award dated 28.11.2012 made in M.C.O.P.No.3136 of

2005 on the file of Motor Accidents Claims Tribunal, II Small

Causes Court, Chennai and C.M.A.No.2265 of 2014 is filed by the

claimants for enhancement of compensation.

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

3.Both the Civil Miscellaneous Appeals arise out of the same

award and hence, they are disposed of by this common judgment.

The parties are referred to as per their rank in the claim

petition, for the sake of convenience.

4.The claimants filed the above said claim petition,

claiming a sum of Rs.10,00,000/- as compensation for the death

of one R.Ananth @ Ananthababu, who died in the accident that

took place on 07.04.2005.

5.According to the claimants, on 07.04.2005, the deceased

R.Ananth @ Ananthababu was sent by his employer to repair the

axle of Lorry bearing Registration No.TN 21 Y 9329 which was

coming from Andhra to Chennai at G.N.T. Road. After repairing

the lorry, he slept on the sand load of the lorry. At about

04.00 a.m., the driver of the lorry drove the same in a rash and

negligent manner and while overtaking another lorry, the lorry

in which the deceased traveling was trapped and the deceased who

was sleeping on the sand, got trapped beneath the sand and died

due to suffocation. Therefore, the claimants filed the said

claim petition claiming a sum of Rs.10,00,000/- as compensation

against the respondents 1 and 2, being the owner and insurer of

the lorry respectively. Pending claim petition, the 1^st

respondent-owner of the lorry died and therefore, his legal

heirs were impleaded as respondents 3 to 5 as per the order

dated 21.12.2010 made in M.P.No.3517 of 2006.

6.The 1^st respondent-owner of the lorry remained exparte

before the Tribunal.

7.The 2^nd

responde