ORIENTAL INSURANCE CO LTD Vs. SUJITHA

JUDGEMENT

(1.) These appeals are preferred by the Appellants/Insurance Company has filed this Civil Miscellaneous Appeal, against the judgment and decree dtd. 9/4/2021 made in M.C.O.P.Nos. 823 of 2016 and 824 of 2016 on the file of the Motor Accident Claims Tribunal (Special Sub Court No.I) Court of Small Causes, Chennai.

(2.) Background facts in nutshell are as follows: On 19/12/2015 at about 00.10 hours while the deceased/Sathyanarayanan and his Mother Vijaya were travelling in an Ambulance van bearing Reg.No.TN 21-AU-3520 as Attender from Sriperampudur to Chennai on the Bangalore High Road and while the Ambulance was crossing the junction of Katrambakkam, at that time a private bus bearing Reg.No TN-19-5816 which was driven by its driver in a rash and negligent manner suddenly emerged from the side road to main High Way, dashed against the Ambulance van and caused the accident. As a result, the deceased/Sathyanarayan and his mother namely Vijaya sustained fatal injuries and died on the spot. The 1st respondent is the owner of the lorry which is insured with 2nd respondent. The legal heir of the deceased Sathyanarayan filed M.C.O.P.No.823 of 2016 claiming a compensation of Rs.3,00,00,000.00. The legal heirs of the deceased Vijaya filed M.C.O.P.No.824 of 2016 claiming a compensation of Rs.50,00,000.00 for the death of the deceased Vijaya. The Tribunal factually found that the accident occurred due to rash and negligent driving of the bus bearing Reg.No. TN19-5816 by its driver and, therefore, compensation has to be paid by the 2nd respondent, who is the insurer of 1st respondent.

(3.) Accordingly, in M.C.O.P.No.823 of 2016 the Tribunal has awarded a sum of Rs.51,02,008.00as compensation for the death of the deceased Vijaya. In M.C.O.P.No.824 of 2016 the Tribunal has awarded a sum of Rs.48,79,360.00 compensation to the claimants.