UNITED INDIA INSURANCE CO LTD Vs. LYLA

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal dated 16.06.2015, made in MCOP.Nos.3659, 3662, 3663 and 3668 of 2013 on the file of the Motor Accident Claims Tribunal/VI Judge, Small Causes Court, Chennai, the second respondent Insurance company filed these present appeals 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 all the petitioners is that on 13.02.2013 at about 19.30 hours, while the petitioners were travelling as passengers in the Auto bearing Registration No.TN-04-R-1626 in T.H. Road, Thangal, from South to North, while going near Indian Bank, due to the high speed, in which the auto was driven, the driver lost control dashed against the centre median of the road and as the auto capsized, the petitioners suffered grievous injuries. The negligence of the first respondent auto driver alone caused the accident. The said auto was insured with the second respondent Insurance Company. The petitioners are all fish vendors earning a sum of Rs.10,000/- per month. Due to the injuries suffered, they are unable to carry on their normal avocation resulting in loss of income to them. Thus, the petitioners seeks a sum of Rs.1,00,000/- each as compensation from the respondents who are the owner and insurer of the offending vehicle.