SELVI Vs. LOTUS INTEGRATED LOGISTICS PVT. LTD.

JUDGEMENT

(1.) Both these Civil Miscellaneous Appeals arise out of the same order and decretal order, dtd. 25/9/2023, passed in M.C.O.P.No.3406 of 2021 on the file of Motor Accident Claims Tribunal-cum- II Court of Small Causes, Chennai.

(2.) While C.M.A.No.1782 of 2024 is filed by the claimants, seeking enhancement of compensation, C.M.A.No.1951 of 2024 is filed by the insurer, questioning the quantum of compensation.

(3.) The case of the petitioners in the Claim Petition was that on 29/7/2021, at about 01.00 hours, while the deceased Venkatesan was driving Dost Van, bearing registration No.TN-13-1690 on Puzhal Tambaram Bypass Road, Chennai, a container Lorry, bearing registration No.TN-04-AR-9533, stopped on the road without indicating any signal, indicator or parking light, due to which, the Dost Van, driven by the deceased hit the rear side of the container Lorry, as a result whereof the deceased sustained multiple fractures all over the body. It was also stated that the deceased was admitted to Kilpauk Government Medical College Hospital, Chennai, but he died on the same day in the hospital. It was contended that the driver of the container Lorry alone was responsible for the said accident. It was also contended that both the owner and the insurer were liable to pay compensation to the petitioners with interest and costs. Hence, they filed the Claim Petition.