THE DIVISIONAL MANAGER Vs. EGAMBARAM

JUDGEMENT

(1.) The New India Assurance Company Limited filed the above appeals, challenging the compensation granted by the Tribunal.

(2.) The Motor Accident which occurred on 16.01.2016 at 2.30 p.m., at T.V.Nagar, G.S.T.Road, Tindivanam resulted in four fatal cases and 1 injury case. As per the claim petitions filed before the Tribunal, it is stated that while the four deceased viz., D.Rani @ Jayalakshmi, G.Ravi, Minor Premkumar, Dhandapani and one injured Minor Nila were travelling in a Car bearing Reg.No.32 -A -7755, near T.V.Nagar, G.S.T.Road, Tindivanam, a Tourist bus bearing Reg.No.AP 10 U 5623 insured with the appellant herein, came behind the car in a rash and negligent manner and without looking the road traffic, hit the car bearing Reg.No.32 -A -7755. In the impact, the car was dragged to several meters and hit a Milk Tanker Lorry bearing Reg.No.TN -33 -P - 7641. In the resultant accident, all the above stated four persons died and Minor Nila injured. The following table gives the details of the persons injured/deceased, their name, age, occupation, the relationship with the claimants and the amount of compensation claimed by them. Sl.No. Nature of injury Name,age and Occupation of the injured/ deceased Relationship between the injured/deceased and the claimants Amount of compensation claimed. Fatal D.Rani @ Jayalakshmi, 35 years, Dance Teacher. Claimant -Minor Nila, daughter of the deceased Rs.25,00,000/ - Fatal G.Ravi, 36 years, driver, business and agriculturist. Claimants -R.Santhi, Minor R.Kavitha, Minor R.Arunkarthik, Govindasamy Naidu, G.Lakshmi Wife, minor daughter, minor son, father and mother of the deceased Rs.15,00,000/ - Fatal Premkumar, 2 years old child. Claimants -Egambaram, Minor Nila, Pavunu Paternal Uncle, sister and grand mother of the deceased. Rs.5,00,000/ - Injury Minor Nila, 11 years, student. Claimant -Minor Nila Rs.5,00,000/ - Fatal Dhandapani, 40 years, Assistant Manager in Cable @ Wireless, DBS Office, Business Centre, Nungambakam, Chennai -34. Claimants -Egambaram, Minor Nila, Pavunu - brother, daughter and mother of the deceased Rs.1,50,00,000/ -

(3.) Since all the five claims arise out of the same accident, they were taken up together by recording evidence in common and a common Award was passed.