NATIONAL INSURANCE COMPANY LIMITED Vs. S VIJAYARAMPAL

JUDGEMENT

(1.) These appeals have been filed challenging the common award passed by the Motor Accident Claims Tribunal (IV Additional District Judge), Madurai, in MCOP Nos.812 and 816 of 2010, dated 26.07.2012.

(2.) The brief facts of the case is that on 13.01.2010 the deceased Sundaravel along with his wife Renugadevi, daughter Kanishka and son Vijayarampal and Sakthikumaran were proceeding from Trichy to their native Tuticorin in his Maruthi Omni Car bearing registration No.TN-01-H-1843 to cerebrate the Pongal festival. While the Car proceeding near Ambalakaranpatty deviation road on Trichy-Madurai Highways at 10.30 am, the Van bearing registration No.TN-49-F-0126 belonging to the 1st respondent came from south to north in its wrong track without adhering to road rules driven by its driver in a rash and negligent manner and hit against the Maruthi Car. In the impact, the wife and daughter of the deceased Sundaravel were died on the spot, while the deceased Sundaravel and others sustained severe injuries and they were taken to Government Rajaji Hospital, but on the way to the hospital Sundaravel died. The claimants have filed the claim petition claiming compensation of Rs.90,00,000/- on the ground that the driver of the offending vehicle caused the accident.

(3.) Before the tribunal, on the side of the claimants, 7 witnesses were examined as PW1 to PW7 and marked 41 documents. On the side of the Insurance Company, no witness was examined and no document was marked.