DIVISIONAL MANAGER, ORIENTAL INSURANCE CO. LTD Vs. KALAIARASI

JUDGEMENT

(1.) These Civil Miscellaneous Appeals have been directed as against the common Judgment and Award passed by the learned Motor Accident Claims Tribunal (Principal District Judge), at Tiruchirappalli in M.C.O.P. Nos.769 to 772 of 2008, dtd. 28/4/2016 by the Appellants/Respondents 2 & 4/ Insurance Companies, challenging the liability fixed by the learned Tribunal.

(2.) For the sake of convenience, the parties herein are arrayed as per the rank of the respective M.C.O.Ps. before the learned Tribunal and Divisional Manager, Oriental Insurance Co. Ltd., No.33, Promenade Road, Contonment, Trichy and another v. Kalaiarasi and others, C.M.A.(MD) No.144 of 2018, dtd. 31/1/2024, is taken as lead case.

(3.) The brief facts of the case in nutshell is as follows: On 29/7/2007 at about 02.30 p.m., a Tractor bearing Registration No.TN 60-B-8943 owned by the First Respondent, which was attached with a Trailer bearing Registration No.TN-65-9042 owned by the Third Respondent, was driven by the Driver of the Tractor belonging to the First Respondent from Alagumadai to Dharmathupatti, near Nayakkar Kadu Bus Stop. On the fateful day, the Driver of the First Respondent's Tractor permitted one Thangaraj, Chinnathangam, Arokiam @ Arokiasamy, Ramasamy and few other colleagues to travel in the Trailer attached to the Tractor. When the Tractor along with Trailer came down from Alagumadai to Dharmathupatti, Alagumadai - Tharumattu Patti, near Nayakkar Kadu Bus stop, on its way, there was a hairpin bend No.12/3 and while passing along the said hairpin, the Driver of the Tractor Trailer having driven the vehicle on a hectic speed in a rash and negligent manner dashed on a rock. Due to which, the iron hook of the Trailer suddenly got broken and got detached from the Tractor. As the result of which, without balance, the same got capsized. Due to the impact of the accident, the following persons sustained injuries: