UNITED INDIA INSURANCE CO. LTD. Vs. D. KUMARI

JUDGEMENT

(1.) These appeals arise out of the common award passed by the Motor Accident Claims Tribunal, Subordinate Court, Cheyyar in MCOP Nos. 250, 251, 252 and 371 of 2001 respectively dtd. 1/8/2013.

(2.) The case of the claimants is that on 28/3/2001 at 07.45 hours, the claimant in MCOP No. 371 of 2001, Mani drove a car bearing Reg. No. TN-25-Y-9999 on M.B.T road, Sumaithangi Erikarai near Pagaveli Koot Road. In the said Car, D. Kumari, who is the owner of the car and the claimant in MCOP No. 251 of 2001, R. Venkatesan, who is the claimant in MCOP No. 252 of 2001, and one Saraswathiammal, who is the deceased in MCOP No. 250 of 2001, were travelled. At that time, an Eicher Canter Van bearing Reg. No. TN-39-Q-6117 driven by its driver in a rash and negligent manner, dashed against the car and then dashed against another Tanker Lorry bearing Reg. No. TN-45-E-0907. In the accident, the driver Mani, owner D. Kumari and R. Venkatesan sustained injuries and the said Saraswathiammal died. Alleging that the accident had taken place due to the rash and negligent driving of the driver of the van, the injured and the legal heirs of the deceased Saraswathiammal laid petitions claiming compensation of Rs.20,00,000.00, Rs.25,00,000.00, Rs.2,09,67,000.00 and Rs.25,00,000.00 respectively.

(3.) Resisting the claim, the respondent/New India Assurance Company Ltd., and the appellant/United India Insurance Company Ltd., filed their respective counter disputing the manner of accident, age, avocation and income of the deceased and the nature of injuries sustained by the claimants and its liability to pay the compensation. It was also contended that the claim is excessive. Further, in the counter, it has been stated that the accident occurred due to rash and negligent driving of the car, hence, the claimant Mani being tortfeasor, they cannot seek to gain for their own wrong.