NEW INDIA ASSURANCE COMPANY LTD Vs. SARASWATHY

JUDGEMENT

(1.) All the above three appeals have arisen out of a common award dated 28.01.2013 made in M.C.O.P.Nos.315, 317 & 319 of 2010 passed by the Motor Accidents Claims Tribunal at Dharapuram. The appellants in all the above three appeals are one and the same person viz., The New India Assurance Company Ltd.

(2.) Since the parties in all the above appeals are one and the same and the issues involved are interconnected, these appeals are disposed of by way of this common judgment.

(3.) The 1st respondent herein is the claimant before the Tribunal. M.C.O.P.No.315 of 2010 has been filed by the claimant for the death of her son Sasivarathan in a motor accident that had occurred on 28.02.2010 involving three vehicles viz i) Maruti Zen Car bearing Reg.No.TN-33-AY-6699 owned by the 2nd respondent herein and insured with the appellant-New India Assurance Company Ltd., ii)Honda City Car bearing Reg.No.TN-39-AF-3468 owned by one Parvathi and insured with the 4th respondent herein - M/s.Royal Sundaram Alliance, iii) Maruti Omni car bearing Reg.TN-39-Y-1460 in which the 1st respondent/claimant and her son were travelling, while the same was driven by her husband. Since in the same accident the 1st respondent's husband Varatharajan also died, she has filed M.C.O.P.No.317 of 2010 claiming a sum of Rs.50 lakhs as compensation. As the 1st respondent herself sustained injuries in the said accident, she has filed M.C.O.P.No.319 of 2010 claiming a sum of Rs.10 lakhs as compensation.