RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. U SAKUNTHALA

JUDGEMENT

(1.) These appeals arise out of the common award dated 8.3.2017 passed in M.C.O.P.No.2704 of 2008 and 4497 of 2010 passed by the II Court of Small Causes, Chennai for the death of U.Karthikeyan and for the injuries sustained by Sakunthala in a road traffic accident on 30.10.2007.

(2.) Since both the appeals arise out of the common order and the parties are one and same, both the appeals were heard together and disposed of by this common judgment.

(3.) Brief facts are that on 30.10.2007 at about 5.30 hours, the respondents 1 and 2 in C.M.A.No.2019 of 2018, deceased Karthikeyan and six family members were travelling in a car bearing registration No.DL-1C-CH 7112 from Delhi to Varanasi to attend the deceased grand father's death ceremony. When they were proceeding on the National Highway near Kanpur, the car bearing registration No.DL-1C-CH-7112 and a truck/lorry bearing registration No.UP-78-N 7181 met with collision due to rash and negligent driving of the drivers of both vehicles. In the accident, the Karthikeyan and Sakunthala sustained grievous injuries. Immediately after the accident, they were taken to in Shivoy Hospital for treatment, where from, they were taken to Kanpur Medical Centre. Karthikeyan succumbed to injuries at 2.30 P.M. on 30.10.2007 and Sakunthala continued her treatment. Regarding the accident, a criminal case in Crime No.227 of 2007 was registered by the Station House Officer, Dhaspur Police Station, Kanpur.