NEW INDIA ASSURANCE CO LTD Vs. GRACELYN DAVIDSON

JUDGEMENT

(1.) In the accident, which occurred on 23.06.2004, between a KPN Travels Bus, bearing registration No.KA-38-A0001, and a lorry, bearing registration No.MDA 6069, drivers of both the vehicles and some passengers died. Some other passengers sustained injuries. Bus was insured with National Insurance Company Limited, Trichy. Lorry was insured with the New India Insurance Assurance Company Limited, Chennai, appellant herein.

(2.) M.C.O.P.No.4295 of 2005, on the file of Motor Accident Claims Tribunal, (II Court of Small Causes), Chennai, has been filed by M/s.Gracelin Davidson, an injured person. M.C.O.P.Nos.4680,4818,4964 and 4965 of 2004 have been filed by the injured, before the III Court of Small Causes, Chennai. Legal representatives of the deceased have filed M.C.O.P.Nos.1222,1223 and 1771 of 2005 on the file of the same Tribunal. Some of the claim petitions have been filed in M.C.O.P.Nos.192 to 194 of 2005 on the file of Motor Accident Claims Tribunal, Ponneri.

(3.) M.C.O.P.No.4295 of 2005, on the file of Motor Accident Claims Tribunal, (II Court of Small Causes), Chennai, has been decided on 06.08.2008, by fixing contributory negligence on both the drivers of the bus and lorry, involved in the accident, in the ratio of 50:50. After considering the nature of injuries, extent of disablement, pain and suffering and other aspects, awarding compensation of Rs.9,85,070/-.