ROYAL SUNDARAM ALLIANCE Vs. POOLRAJ

JUDGEMENT

(1.) The Civil Miscellaneous Appeals in C.M.A.(MD)Nos.1173, 1174 and 1175 of 2012 are directed against the common award passed in M.C.O.P.Nos.33, 34 and 35 of 2010 dtd. 10/3/2011 on the file of the Motor Accident Claims Tribunal/Additional District Court (Fast Track Court), Virudhunagar.

(2.) The Civil Miscellaneous Appeals in C.M.A.(MD)Nos.443 and 1136 of 2016 are directed against the award passed in M.C.O.P.No.13 of 2011 dtd. 27/8/2015 on the file of the Motor Accident Claims Tribunal/ Subordinate Court, Kovilpatti.

(3.) The case of the claimants is that on 17/7/2009 at about 18.45 hours, auditor Venkata Subramanian along with power plant supervisor in Sri Parameswari Spinning Mills (P) Ltd., Poolraj and his wife Gomathi were travelling in a Mahindra Bolero car bearing Registration No.TN-67- E-6691 driven by one Krishnan, that when the car was proceeding in Aruppukottai - Ettayapuram NH 45B road and at the place near Rajapatti Villakku, a eicher lorry bearing Registration No.TN-72-AB-5694, which was proceeding in front of the Bolero car, suddenly stopped by its driver and as a result of which, the car was forced to hit behind the lorry, that the said Venkata Subramanian sustained serious head injuries and died on the spot, that the car driver Krishnan suffered serious injuries and subsequently, succumbed to the injuries at the hospital, that the said Poolraj and his wife Gomathi have suffered serious injuries and that the accident was occurred only due to the rash and negligent driving of the lorry driver.