IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. THIRUMURUGAN

JUDGEMENT

(1.) These Appeals are filed by the Insurance Company questioning the Common Awards passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagapattinam, dtd. 24/3/2020 & 24/3/2020. Since 104 persons travelled in a Mini Bus and sustained injury from the same accident, all these Claim Petitions were taken up for hearing in two batches and disposed of by an Award, dtd. 24/3/2020 & 24/3/2020. Since the claim in these Appeals are arising out of same accident, all these Appeals are taken up together for hearing.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the Tribunal.

(3.) It is the case of the Claimants that all of them travelled in a Mini Bus named Narmadha bearing registration No.TN-59-N-0191 on 3/10/2017. When the Mini Bus was proceeding from South to North towards Nagapattinam, the same was driven by its Driver in a rash and negligent manner. When the Mini Bus came near Sikkal-Ponveli, due to the rash and negligent driving of its Driver, the Mini Bus got toppled and fell down into a Channel. The said accident resulted in injury to 104 Passengers, who travelled in the Mini Bus. Hence, 104 separate Claim Petitions have been filed by the injured Passengers seeking Compensation.