UNITED INDIA INSURANCE CO LTD Vs. MUNIVEL

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 01.04.2015 made in MCOP.Nos.106, 91, 92, 93, 94, 96, 97, 97, 99, 108, 110, 116, 118, 120, 130, 134, 178, 186, 548, 549, 550, 819, 821, 825, 827 and 829 of 2011 on the file of the Motor Accident Claims Tribunal/(Principal District Judge), Krishnagiri, the present appeals have been filed by the 2nd respondent Insurance Company to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that while the injured petitioners and unfortunate deceased victims were travelling in the vehicle belonging to the third respondent bearing Registration No.TN-39-K-9328 from Thirumalvadi to Bommidi, on 16.06.2010 to attend the marriage ceremony. While so, at about 22.15 hours, as the said vehicle was proceeding at normal speed, while going near Kartharapatty Jai Sakthi Matriculation Higher Secondary School in Palacode to Dharmapuri Road, the first respondent goods vehicle bearing Registration No.KL-07-0963, which was coming in the opposite direction, at high speed, driven in rash and negligent manner, dashed against the third respondent van, in which the injured petitioners and the deceased persons were travelling causing them multiple grievous injuries, resulting in death of 18 persons and causing injury to other passengers. The first respondent being the owner of the vehicle and the second respondent being the insurer of the offending vehicle are liable to pay compensation to them. Further, the third respondent being the owner of the vehicle, in which, the deceased and injured petitioners travelled is impleaded as a party. The petitioners in M.C.O.P.No.106 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.91 of 2011 sought for a sum of Rs. 9,00,000/-, the petitioner in M.C.O.P.No.92 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.93 of 2011 sought for a Rs. 5,00,000/-, the petitioner in M.C.O.P.No.94 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.96 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.97 of 2011 sought for a sum of Rs. 9,00,000/-, the petitioner in M.C.O.P.No.98 of 2011 sought for a sum of Rs. 3,00,000/-, the petitioner in M.C.O.P.No.99 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.108 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.110 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.116 of 2011 sought for a sum of Rs. 5,00,000/-, the petitioners in M.C.O.P.No.118 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.120 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.130 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.134 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.176 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioners in M.C.O.P.No.186 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.548 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.549 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.550 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.819 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.821 of 2011 sought for a sum of Rs. 5,00,000/-, the petitioner in M.C.O.P.No.825 of 2011 sought for a sum of Rs. 10,00,000/-, the petitioner in M.C.O.P.No.827 of 2011 sought for a sum of Rs. 10,00,000/- and the petitioners in M.C.O.P.No.829 of 2011 sought for a sum of Rs. 10,00,000/- as compensation from the respondents 1 and 2, who are the owner and insurer of the offending vehicle.