UNITED INDIA INSURANCE COMPANY LIMITED Vs. ANNAMALAI

JUDGEMENT

(1.) The Insurance Company is the appellant in all the appeals. Challenging the common award passed in the batch of MCOPs on the file of the Motor Accidents Claims Tribunal, learned Principal Sub-ordinate Judge, Thiruvannamalai, and questioning the same as to the involvement of the vehicle insured with the Insurer, the Insurance Company has come up with the present appeals.

(2.) Before the Tribunal, four claim petitions were filed being MCOP Nos. 198 of 2003, 278 of 2003, 283 of 2003 and 631 of 2004. The Tribunal, by a common award dated 08.04.2010, awarded a sum of Rs.59,000/-, Rs.90,000/-, Rs.44,000/- and Rs.4,78,000/- respectively to the claimants. Aggrieved by the same, these appeals are preferred by the Insurance Company questioning the liability imposed on them to pay the compensation amount to the claimants as also the quantum of compensation awarded by the Tribunal.

(3.) All the claim petitions filed before the Tribunal relates to an accident said to have taken place on 22.06.2002. According to the claimants, on 22.06.2002, at about 9.30 pm, when the deceased Bharthy was travelling as a pillion rider in a two wheeler - Hero Honda Splendor motor cycle bearing Registration No. TN 25 X 6630 driven by one Venkatesan, when the vehicle was driven on the Polur to Tiruvannamalai Road, near the Thenpallipattu Sri Lankan Reguge Camp, a lorry bearing Registration No. TN 25 0585 came behind the motor cycle and rammed it. At that time, one Annamalai and Ravi were proceeding on a bicycle in front of the motor cycle. The lorry after hitting the motor cycle dashed the cyclists and caused injuries to them as well. Further, one Chakrapani, who was walking on the left side of the road also sustained injuries. All the injured were taken to the hospital, but the pillion rider of the two wheeler had succumbed to the injuries. In connection with the above accident, the aforesaid four claim petitions have been filed.