NATIONAL INSURANCE CO., LTD. Vs. MURUGESAN

JUDGEMENT

(1.) Since the issues involved in these appeals are interlinked, they are taken up together and a common Judgment is being passed.

(2.) The appellant / National Insurance Company, Namakkal has filed these appeals to set aside the order passed in W.C.Nos.751, 752 and 756 of 2015 dated 02.01.2017 by the Commissioner for Workmen Compensation at Coonur, Nilgiris District and to dismiss the claim of the respondents.

(3.) The contentions of the appellant's counsel with regard to the present appeals are that one Kamali, sister of Murali / 5th respondent, who is the owner of the vehicle, which met with an accident had informed the police at Mohamoor Police and FIR was registered in Crime No. 347 of 2014 on 02.12.2014. He further contended that TATA ACE bearing registration no. TN 28 AM 2797 has been taken by the said Kamali to the native place to bring the house hold articles along with her brothers, Arunkumar, Ravikumar and Manojkumar and his daughter. While they were travelling in Namakkal to Trichy main road, near N.Pudupatti Tamarai Selvi Hotel, the said vehicle met with an accident due to the rash and negligent driving of the Transport Corporation bus bearing registration no. TN 45 N 3709, on account of which, Arunkumar and Ravikumar died; Manojkumar sustained injuries. In the said accident, a Pulsar Motor Cycle, owned by one Sivakumar bearing registration no.TN 28 AM 3407, also damaged and he also sustained injuries. The respondents 1 to 4 / claimants had filed claim petition in W.C.No.751 of 2015 and the respondents 1 and 2 had filed Claim Petitions in W.C.Nos.752 and 756 of 2015 seeking compensation stating that the deceased persons, viz., Arunkumar and Ravikumar employed as driver and cleaner respectively and the person, who is injured, viz., Manoj Kumar was a loadman employed under Murali, owner of the vehicle. A sum of Rs.8,85,480/- was awarded in W.C.No.751 of 2005 for the death of Ravikumar, who was working as cleaner. A sum of Rs.5,21,897/- was awarded in W.C.No.756 of 2015 for the injured, Minor. Manojkumar, who was working as loadman. A sum of Rs.8,95,840/- was awarded in W.C.No.752 of 2015 to Arunkumar, who was working as driver and all of them were working with Murali, owner of the vehicle and the vehicle was insured with the appellant. Against the awards passed by the Commissioner for Workmen Compensation at Coonur, Nilgiris District in W.C.Nos.751, 752 and 756 of 2015 dated 02.01.2017, the appellant has come up with these appeals.