IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2019

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN

C.M.A.Nos.841 to 844 of 2017 and

C.M.P.Nos.4250 to 4252 of 2017

Pachaiammal

... Appellant in C.M.A.No.

841 of 2017

Suresh

... Appellant in C.M.A.No.

842 of 2017

Sundaram

... Appellant in C.M.A.No.

843 of 2017

Periyasamy

... Appellant in C.M.A.No.

844 of 2017

Vs

1.R.Rajeswaran

2.The Branch Manager,

The New India Assurance Co.Ltd.

163, Madanagopalapuram

Perambalur-621 212.

...

Respondents in all

the appeals

CMA No.841 of 2017 filed under Section 173 of the Motor

Vehicles Act against the judgment and decree dated 20.08.2003

made in MACTOP No.596 of 2002 on the file of the Motor Accidents

Claims Tribunal (District Court), Perambalur.

CMA No.842 of 2017 filed under Section 173 of the Motor

Vehicles Act against the judgment and decree dated 20.08.2003

made in MACTOP No.603 of 2002 on the file of the Motor Accidents

Claims Tribunal (District Court), Perambalur.

CMA No.843 of 2017 filed under Section 173 of the Motor

Vehicles Act against the judgment and decree dated 20.08.2003

made in MACTOP No.604 of 2002 on the file of the Motor Accidents

Claims Tribunal (District Court), Perambalur.

CMA No.844 of 2017 filed under Section 173 of the Motor

Vehicles Act against the judgment and decree dated 20.08.2003

made in MACTOP No.599 of 2002 on the file of the Motor Accidents

Claims Tribunal (District Court), Perambalur.

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For Appellant

: Mr.P.Mani

in all appeals

For Respondents

: Mr.Neethi Perumal for R2

in all appeals

COMMON JUDGMENT

The case in brief, is as follows:

On 01.02.2002 at about 08.15 a.m. in the Ramanathapuram –

Chennai Main Road, when the appellants herein were travelling in

the mini lorry bearing Reg.No.TN-45-K-216 belonging to the first

respondent and insured with the second respondent herein, due to

the rash and negligent driving of the lorry driver, the lorry

met with an accident and in the said accident, the appellants /

claimants have sustained injuries. They filed claim petitions

before the Tribunal claiming compensation for the injuries

sustained by them. The Tribunal, on consideration of the

materials and evidence available on record, awarded a total

compensation of Rs.45,800/- to the appellant / claimant in

C.M.A.No.841 of 2017 and a sum of Rs.30,000/- each to the

claimants in C.M.A.Nos.842 to 844 of 2017, with interest at the

rate of 9% per annum from the respective dates of petitions. The

compensation amounts have been directed to be paid by the first

respondent / owner of the vehicle, thus exonerating the

liability on the part of the Insurance Company, by the Tribunal.

2.Challenging the same, the appellants-claimants have filed

the present Civil Miscellaneous Appeals.

3.The learned counsel for the appellants/claimants has

submitted that both the owner of the vehicle as well as the

Insurance Company are liable to pay compensation as admittedly

premium has been paid for non-fare passengers numbering 7. It is

also submitted that the compensation amounts awarded by the

Tribunal are meagre not in consonance with the injuries suffered

by the appellants / claimants and hence the same requires

enhancement.

4.The learned counsel for the second respondent Insurance

Company has submitted that the Tribunal has rightly considered

the materials and evidence available on record and while

awarding the compensation, rightly exonerated the Insurance

Company of the liability to pay compensation, and hence the

judgment of the Tribunal does not require any interference in

the hands of this Court.

5.Heard the learned counsel for the appellant and the

learned counsel for the second respondent Insurance Company and

perused the materials available on record carefully and

meticulously.

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