IFFCO-TOKIO GENERAL INS. CO. LTD. Vs. SHAHANAS

JUDGEMENT

(1.) No appearance in all the appeals All these appeals arise out of common Award dtd. 28/4/2017 made in M.C.O.P.Nos.960, 961 and 962 of 2014 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Court), Coimbatore. These appeals have been filed by the Insurance Company questioning their liability to pay the compensation amount to the claimants.

(2.) For the sake of convenience, the parties herein are referred to as per their ranking before the Tribunal.

(3.) On 13/12/2013 at about 20.30 hours, while the deceased Ghouse Mohideen, his wife Ashraf Nisha, along with their daughter Shahanas (injured-victim) were travelling in a car bearing Registration No.TN-33- BD-2784 on the Coimbatore-Salem Main Road NH47 near Kanjikovil Pirivu, opposite to Aavin Milk Booth, a lorry bearing Registration No.KA- 01-AC-2040 came from opposite direction, i.e. from East to West in a rash and negligent manner and dashed against the said car and thus, caused the accident. In the said accident, two persons, namely Ghouse Mohideen and Ashraf Nisha died on the spot itself. Their daughter Shahanas had sustained grievous injuries. Hence, three claim petitions have been filed before the Tribunal, one by the injured-victim Shahanas in M.C.O.P.No.960 of 2014 claiming compensation of Rs.6.00 lakhs for the injuries sustained by her. The other two claim petitions, namely (i) M.C.O.P.No.961 of 2014 was filed by Shahanas along with her brother Mohammed Afzal, for the death of their mother Ashraf Nisha claiming compensation of Rs.15.00 lakhs and (ii) M.C.O.P.No.962 of 2014 was filed by the sister and brother for the death of their father Ghouse Mohideen along with the mother of the deceased Ghouse Mohideen, claiming compensation of Rs.30.00 lakhs.