NATIONAL INSURANCE CO. LTD Vs. R. MALATHI

JUDGEMENT

(1.) The fourth respondent Insurance Company before the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri, is the appellant herein. These appeals have been filed seeking to set aside the common order dtd. 17/2/2012 passed by the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri in M.C.O.P.Nos.1317 of 2008, 67 of 2010, 1318 of 2008 and 1316 of 2008 respectively.

(2.) The brief facts of the case is that on 6/8/2008 at about 10.00 p.m., Chinnasamy (deceased in M.C.O.P.No.67/2010) started with another Chinnasamy (deceased in M.C.O.P.No.1316/2008), Rajamanickam (deceased in M.C.O.P.No.1317/2008) and Gnanavel (deceased in M.C.O.P.No.1318/2008) in Eicher Lorry bearing Registration No.T.N.43/3632 from their village - Kudimenahalli to go to Anaikattu Village near Vellore for harvesting mangoes. When the said lorry was going near Ambur Sugar Mills in the National Highway Road, driver of the Lorry bearing Registration No.AP.16/1206 which was going in front of the Eicher lorry, suddenly slowed down without giving any signal or indication. The driver of the Eicher lorry has not anticipated the above said act, hence Eicher lorry driver dashed on the back side of another lorry. Due to the impact, the aforesaid Chinnasamy, Chinnasamy, Rajamanickam and Gnanavel sustained fatal injuries and died on the spot.

(3.) Thereafter, the dependants of the deceased/ claimants filed claim petitions before the Motor Accidents Claims Tribunal (Additional District Court), Krishnagiri, claiming compensation of Rs.5,25,000.00 in each claim petition.