NATIONAL INSURANCE CO. , LTD. Vs. M. GAYATHRI

JUDGEMENT

(1.) All these appeals are filed by the appellant/Insurance Company, questioning the common award dtd. 31/7/2019 passed by the Tribunal in MCOP Nos. 7259, 7260, 7261, 7262, 7263, 7265, 7266 and 7271 of 2014 thereby directing the appellant to pay the compensation amount to the claimants.

(2.) Before the Tribunal, eight Original Petitions have been filed by the survivors as well as by the legal heirs of the deceased in the accident that had taken place on 25/12/2006. The said Claim Petitions have been filed by them, for the injuries sustained by themselves in the accident as well as for the death of their mother, father or brother as the case may be, of those who accompanied them in the vehicle. In other words, on the fateful day, in the accident that had taken place on 25/12/2006, five persons died and three persons sustained grievous injuries, which resulted in filing eight Original Petitions seeking compensation.

(3.) In the Claim Petitions filed before the Tribunal in MCOP Nos. 7259, 7260, 7261, 7262, 7263, 7265, 7266 and 7271 of 2014, it was stated by the Claimants that on 25/12/2006, they were travelling from Pallikaranai to Thiruvannamalai Temple in a TATA Sumo Vehicle bearing Registration No. TN 07 AB 1258. When the vehicle was proceeding near Gandhi Nagar, Acharapakkam, the driver of the Vehicle drove it in a rash and negligent manner, with the result, the vehicle fell into a deep pit on the left side of the road. In the impact, the vehicle capsized and five of the occupants died on the spot, leaving three others injured. According to the claimants, the accident had occurred due to the rash and negligent driving of the driver of the Car and therefore, the owner of the Car as well as the Insurer of the Car are jointly liable to pay compensation.