ORIENTAL INSURANCE COMPANY LIMITED Vs. R.SIVA

JUDGEMENT

(1.) Though a common award dated 31.10.2005 was passed in MCOP.Nos.245, 246 and 260/2002, against which these appeals have been filed and a separate award dated 31.10.2005 was made in MCOP.No.358/2002, against which this Civil Revision Petition has been filed, since all the said claims arise out of the same accident, these Civil Miscellaneous Appeals and Civil Revision Petition are being disposed of by this common judgement.

(2.) By the impugned award, a sum of Rs.51,000/- as total compensation to the injured claimant R.Siva in MCOP.No.245/2002, a sum of Rs.2,39,000/- as total compensation to the claimants in MCOP.No.246/2002, who are the widow, daughters and son of the deceased P.Suresh, a sum of Rs.2,13,000/- as total compensation to the claimants in MCOP.No.260/2002, who are the parents of the deceased C.Narayanasamy and Rs.5000/- as total compensation to the injured claimant K.Sankar in MCOP.No.358/2002, were awarded with interest at 6 per cent p.a. from the date of the claim petition till the date of realization.

(3.) The short facts are that on 30.11.2001 at about 4.45 p.m. the 2nd Respondent/driver drove the offending lorry in a rash and negligent manner and applied sudden brake on seeing an oncoming bus in the opposite direction, as a result of which, he lost control and the vehicle went off the road and turned turtle. Two of the passengers, namely, C.Narayanasamy and P.Suresh sustained fatal injuries and the claimants in MCOP.Nos.245 and 358/2002 sustained grievous injuries. The Tribunal, on analyse of evidence, held that the accident had occurred solely due to the rash and negligent driving of the driver of the lorry and awarded compensation as stated above, fastening liability to pay compensation on the insured as well as the Insurer of the vehicle. Aggrieved against said award and fastening liability on the Insurance Company, these appeals and Civil Revision Petition have been filed by the Insurance Company.