ORIENTAL INSURANCE CO LIMITED Vs. BALARAMAN

JUDGEMENT

(1.) All these appeals have been filed by the Insurance Company questioning the correctness of the common decree and judgment passed by the Motor Accidents Claims Tribunal, Tindivanam in MACTOP Nos. 384 of 1998, 385 of 1998, 386 of 1998, 387 of 1998, 388 of 1998, 1029 of 1998, 1030 of 1998, 631 of 1998, 1032 of 1998, 1033 of 1998, 1034 of 1998, 1035 of 1998, 1036 of 1998, 1037 of 1998, 1038 of 1998, 1039 of 1998 and 1067 of 1998. Civil Revision Petition No. 1502 of 2006 has been filed by the Insurance Company against the decree and judgment passed in M.A.C.T.O.P. No. 384 of 1998 on the file of the Motor Accidents Claims Tribunal Tindivanam.

(2.) By the common judgment dated 21.04.2005, the Motor Accidents Claims Tribunal passed award granting compensation to the claimants therein for the injuries sustained by them in the motor accident that took place on 26.05.1992, including MACTOP Nos. 1029 of 1998, 1030 of 1998, 1034 of 1998 and 1067 of 1998 which are filed by the claimants, as legal heirs of the deceased.

(3.) The claim petitions have been filed by contending that on 26.05.1992, when the claimants/injured along with others were travelling in the lorry bearing Registration No. TSB 9729 belonging to K. Gopala Rathnam, in Kancheepuram to Vandavasi Main Road, near Perunagar Village, the driver of the lorry drove the vehicle in a rash and negligent manner and in an attempt to negotiate a lake bund, he applied sudden brake, with the result, the lorry capsized and rolled down. In the impact, the claimants/injured have sustained grievous injuries and four of the occupants of the lorry died on the spot, for whom, MACTOP Nos. 1029 of 1998, 1030 of 1998, 1034 of 1998 and 1067 of 1998 have been filed by their legal heirs.