M. MOHANAN Vs. R. SRINIVASAN

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeals have been filed as against the common order passed in M. A.C.T.O.P. Nos. 359 of 1999, 360 of 1999, 367 of 1999 and 12 of 2000 respectively, on the file of the Motor Accident Claims Tribunal (Subordinate Judge) at Sivakasi, dated 15.3.2002. As common question of law and fact arises for consideration, a common judgment is pronounced.

(2.) ON 26.1.1999, the deceased -Rajalakshmi along with three others, viz. her mother Dhanammal, brother -in -law Srinivasan and younger brother, Gajendrakumar, travelled in a Fiat Car bearing Registration No. TN -67 -E -1998, from Muthalnaickenpatti to Madurai. At that time, a lorry bearing Registration No. KL -13/B -2264 came from the opposite direction in a rash and negligent manner and dashed against the fiat car. As there was a head -on collision, the claimant Gajendrakumar sustained grievous injuries and the said Rajalakshmi and her brother -in -law Srinivasan died on the spot. The deceased -Dhanammal died on the way to the hospital. The accident took place only on account of the rash and negligent driving on the part of the driver -cum -owner of the lorry, the first appellant herein. The police registered a case against the first appellant and the driver admitted the rash and negligent driving and paid the fine amount. The injured and the legal representatives of the deceased, filed respective claim petitions in MCOP Nos. 359 of 1999, 360 of 1999, 361 of 1999, 367 of 1999 and 12 of 2000 before the Tribunal. The present Civil Miscellaneous Appeals in CMA Nos. 672 to 675 relates to MCOP Nos. 359 of 1999,360 of 1999,367 of 1999 and 12 of 2000, respectively.

(3.) MCOP No. 360 of 1999 has been filed by the wife and minor daughter of the deceased -Srinivasan. They claimed a sum of Rs. 60,00,000 as compensation before the Tribunal. The Tribunal awarded a compensation of Rs. 25,70,000 with interest at 9% p.a., from the date of petition. Against the award of the Tribunal, CMA No. 673 of 2003 has been filed jointly by the driver and the Insurance Company.