MANAGER, ORIENTAL INSURANCE CO. LTD Vs. R. SHAGILA

JUDGEMENT

(1.) Both these Appeals are filed by the Insurance Company against the Common Judgment, dtd. 21/3/2023 passed in M.C.O.P. No.388 of 2021 & 728 of 2021 on the file of the Motor Accident Claims Tribunal/Principal District Judge, Cuddalore.

(2.) C.M.A. No.2717 of 2024 arises as against the Judgment, dtd. 21/3/2023 passed in M.C.O.P. No.388 of 2021. M.C.O.P. No.388 of 2021 was filed by the Wife, Minor Son and Parents of the deceased Raguvaran. According to the Claimants, on the fateful day, the deceased Raguvaran along with two others was travelling in the Car bearing Registration No.TN 59-BA-1185 (Maruthi Suzuki RITZ VKI). The Car was driven by one Ajai Karthic (deceased in M.C.O.P. No.728 of 2021). When the Car was proceeding near a place called Seplanatham Siva Hotel on the Cuddalore to Virudhachalam National Highway 532 at about 00.10 hours on 11/2/2021, the Lorry driven by the Driver of the First Respondent bearing Registration No.KA-01-AE-3534 was driven in a rash and negligent driving and hit the Car. In the impact, the deceased Raguvaran and Ajai Karthic (deceased in M.C.O.P. No.728 of 2021) have died on the spot while another person by name Rangarajan suffered severe injuries. In this context, one Ragadevan had given a Complaint to the jurisdictional Police Station. Based on which, a case was registered on 11/2/2021. According to the Claimants, the deceased Raguvaran was working as Junior Assistant in Lakshmi Vilas Bank Limited, Neyveli, and drawing a sum of Rs.40,000.00 per month. For the death of the deceased Raguvaran, M.C.O.P. No.388 of 2021 was filed claiming a Compensation of Rs.1,00,00,000..00

(3.) C.M.A. No.2718 of 2024 was filed by the Insurance Company as against the Judgment, dtd. 21/3/2023 passed in M.C.O.P. No.728 of 2021. M.C.O.P. No.728 of 2021 was filed by the Wife, Minor Son and Parents of the deceased Ajai Karthic, who drove the Maruthi Car on the fateful day. As mentioned above, the deceased Ajai Karthic died on the spot and therefore, his Legal Heirs have filed the Claim Petition in M.C.O.P. No.728 of 2021. According the Claimants, the deceased Ajai Karthic was working as a Cashier in Lakshmi Vilas Bank Limited, Neyveli, and was drawing a sum of Rs.50,000.00 per month. For the death of the deceased, the Claimants have filed the Claim Petition claiming a Total Compensation of Rs.2,00,00,000..00