NEW INDIA ASSURANCE CO. LTD. Vs. DURAI

JUDGEMENT

(1.) C.M.A.Nos.814 to 819 of 2011 are preferred by the New India Assurance Company Limited against the common award and decree dated 30.10.2010 passed in M.A.C.T.O.P. Nos.1106, 553, 592, 594, 647 and 736 of 2006 on the file of the Motor Accident Claims Tribunal, Thiruvannamalai/Additional Sub Judge, Thiruvannamalai. On the other hand, the claimants in CMA.Nos.815 to 817 of 2011 have filed Cross Objection Nos.43 to 45 of 2012 seeking enhancement of compensation awarded by the Tribunal.

(2.) Since all the appeals and the cross-objections are arise out of the same accident and as against the award passed by the Tribunal, all are taken up together and disposed of by way of this common judgment.

(3.) The Insurance company is the appellant herein. The 1st respondent in all CMAs filed respective claim petitions in MCOP.Nos.1106 ,553, 592, 594, 647 and 736 of 2006 alleging that all of them are coolies and they were travelled in the mini door tempo bearing Registration No.TN-22 AF 8573. On 09.12.2005, at about 7.00 p.m, when all claim petitioners were travelling in the goods auto and the auto was nearing Samikanu house at Malpalanandal Village, the driver of the auto drew the vehicle in rash and negligent manner and capsized the vehicle on the road, the claim petitioners and others have sustained injuries and took treatment in G.H. Tiruvannamalai.