COMMON JUDGMENT

These Civil Miscellaneous Appeals have been filed against the judgment and award made in M.C.O.P.Nos.90, 92, 93, 94 & 95 of 2007 dated 03.07.2009 on the file of Motor Accident Claims Tribunal, Principal Sub Court, Tirunelveli.

2.The case of the petitioners/claimants before the Tribunal, on

03.01.2007, at about 09.00 p.m, at night, all the claimants were travelling in a vehicle bearing Registration No.T.A.P 8285, which is a Trekker from Kadatchapuram to Veppankadu. When they were nearing the place of occurrence, the driver of the vehicle, drover the same, in a rash and negligent manner and lost his control. As a result of which, the Trekker fell on the road side ditch. Due to which, all the claimants suffered injuries, which were noted in their respective petitions.

3. (i) The claimant in M.C.O.P.No.90 of 2007, is one Chandra was working as Mason, at the time of the accident and earned a sum of Rs.6,000/- per month. She suffered injuries, on the head, left shoulder, left hand and chest region. She was taking treatment as inpatient in Government Hospital, Tirunelveli. Claiming compensation of Rs.50,000/- (Rupees Fifty Thousand Only), she approached the Tribunal.

(ii) The claimant in M.C.O.P.No.92 of 2007, is one Lily Pushpam was earned a sum of Rs.6,000/- by doing agriculture and Mason. She suffered injury, on the left shoulder, which was a fracture. She took treatment in Government Hospital, Tirunelveli for 15 days. Claiming compensation of Rs.3,00,000/- (Rupees Three Lakhs Only), she approached the Tribunal.

(iii) The claimant in M.C.O.P.No.93 of 2007, one Jeyaseeli was also working as Mason and doing agriculture work and earned a sum of Rs.6,000/-. She suffered injury, on the fore head and face. She took treatment in Government Hospital, Tirunelveli for 5 days. Thereafter, she taking treatment in a private hospital and Claiming compensation of Rs.40,000/- (Rupees Forty Thousand Only), she approached the Tribunal.

(iv) The claimant in M.C.O.P.No.94 of 2007, one Merlin Thomas was doing similar work and she earned a sum of Rs.6,000/- per month. She suffered injury, on the right leg and right hip. Claiming a compensation of Rs.3,00,000/- (Rupees Three Lakhs Only), she approached the Tribunal.

(v) The claimant in M.C.O.P.No.95 of 2007, one Siluvai Mary was also doing similar work and similar income. She suffered injury, on the fore head and face. She also took treatment in the Government Hospital, Tirunelveli. Claiming compensation of Rs.40,000/- (Rupees Forty Thousand Only), she approached the Tribunal.

4.In all the petitions, the second respondent, who is the appellant herein, contended that, the first respondent's vehicle was registered as own Car for personal purpose. It is not permitted to carry passenger for hire. The vehicle was used for taking passenger on payment of fare. Totally 12 persons travelled and so, the Insurance Company is not liable to pay any compensation amount. All the claim petitions were clubbed together and common enquiry was conducted.

5.Before the Tribunal, on the side of the petitioners/claimants, seven witnesses were examined and fourteen documents marked. On the side of the respondent, one witness was examined and one document marked.

6.At the conclusion of enquiry, the Tribunal came to the conclusion that the accident took place only due to the rash and negligent driving on the part of the first respondent's vehicle driver.

7.Regarding the compensation, in M.C.O.P.No.90 of 2007, it fixed the same at Rs.10,000/- (Rupees Ten Thousand Only) with interest at the rate of 7.5% per annum, in M.C.O.P.No.92 of 2007, it fixed the same at Rs.43,000/- (Rupees Forty Three Thousand Only) with interest at the rate of 7.5% per annum, in M.C.O.P.No.93 of 2007, it fixed the same at Rs.10,000/- (Rupees Ten Thousand Only) with interest at the rate of 7.5% per annum, in M.C.O.P.No.94 of 2007, it fixed the same at Rs.58,000/- (Rupees Fifty Eight Thousand Only) with interest at the rate of 7.5% per annum and in M.C.O