ORIENTAL INSURANCE CO. LTD Vs. P.SELVARANI

JUDGEMENT

(1.) BEING aggrieved by the quantum of compensation and also apportionment of liability, the Insurance Companies have filed C.M.A.Nos.3303 and 3261 of 2010 respectively. Being dissatisfied with the quantum of compensation, Claimants have filed Cross Objection No.18 of 2011 in C.M.A.No.3261 of 2010 for enhancement. Since both appeals and Cross Objection arise out of the same Award, appeals and Cross Objection were taken up and heard together and disposed of by this common Judgment. For convenience, the parties are referred as per their array in C.M.A.No.3303 of 2010 filed by Oriental Insurance Company.

(2.) BRIEF facts are that on 09.11.2003, deceased Gopal @ Gopalakrishnan along with his friends were travelling in Fiat Palio car bearing registration No.TN-38 Q 5483 from Mazhampula to Coimbatore from south to north and the car was driven by Sri Hari. At about 5.00 P.M., when they were nearing Sugunapuram Panchayat School, the TVS 50 XL motorcycle bearing registratin No.TN-37 L 3193 was moving on the road. In order to avoid the accident with TVS 50 motorcycle, driver of Fiat Palio car turn the vehicle on the right side. At that time, the Ford Ikon car bearing registration No.KL-07 AN 0363 came in the opposite direction and unfortunately, the Fiat Palio car dashed against the Ford Ikon car. Due to the impact, Fiat Palio car fell upside down and Gopal @ Gopalakrishnan, driver Sri Hari and other occupants Sathish, Thirunavukkarasu and Sudhakar sustained grievous injuries. Immediately, all the injured were taken to CMC Hospital, Coimbatore for treatment. On examination the Doctor declared Gopalakrishnan, Sri Hari and Sudhakar succumbed to injuries. Regarding the accident, criminal case was registered in Crime No.642 of 2003 under Sections 279, 304(A) I.P.C. on the file of Podanur Police Station against the driver of Fiat Palio car. At the time of accident, deceased Gopalakrishnan was doing business of textiles and was earning Rs.25,000/- per month and he was an income tax assessee. Alleging that the accident was due to rash and negligent driving of the driver of Fiat Palio car (deceased Sri Hari), the Claimants have filed Claim Petition claiming compensation of Rs.75,00,000/- against the owner and insurer of Fiat Palio car and also the insurer of Ford Ikon car.

(3.) AFTER filing the counter by the Appellant-Insurance Company, Claimants have impleaded the owner of Ford Ikon car as 4th Respondent in the Claim Petition.