LAWS(MAD)-2019-9-106

UNITED INDIA INSURANCE COMPANY LTD. Vs. B.BABU

Decided On September 09, 2019
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
B.BABU Respondents

JUDGEMENT

(1.) These appeals have been filed by United India insurance Company challenging the common award dated 22.03.2016 passed by the Motor Accident Claims Tribunal (Chief Judge, Court of Small Causes) Chennai in MCOP.Nos.78, 79, 199 and 1027 of 2010. Brief facts leading to the filing of the instant appeals:

(2.) All these appeals have been filed challenging (a) the finding of 100% negligence on the insured Tata Trailer and (b) the quantum of compensation assessed by the Tribunal. The appellant insurance company is the insurer of the Tata Trailer bearing registration No.MH15-BJ-9114 and National Insurance Co. Limited is the insurer of the Zen car bearing registration No.TN20-BX-0204. The Tata Trailer is owned by M/s.Indian Vehicle Carriers Pvt. Ltd, Maharashtra, the fourth respondent in all the CMAs. and the Zen car is owned by S.Sangamithirai, the fifth respondent in CMA.Nos 2818, 2819 and 2820 of 2016 and the first respondent in CMA.No.2821 of 2016.

(3.) Due to the accident that took place on 03.09.2009 in the Bangalore-Chennai Road, at Vedal, Opposite to Bharath Petrol Bank, between the Zen car and the Tata Trailer, the driver and the occupants of the Zen car died. The dependents of the respective deceased preferred separate claims before the Motor Accident Claims Tribunal in MCOP.Nos.78, 79, 199 and 1027 of 2010.