R.Subramanian, J. - (1.) Both the appeals have been filed by the Insurance Company questioning the award of the Motor Accident Claims Tribunal, Chennai, (Chief Judge of Small Cause), Chennai, granting a sum of Rs.2,51,20,000/~ as compensation for the death of one D.Arul Oli and a sum of Rs.10,38,000/~ for the death of one A.Vasuki, in a motor accident that occurred on 06.01.2012, at about 6.15 a.m. near Athur Tolgate, Chennai to Trichy National Highway.
(2.) The case of the claimants as narrated in the Claim Petition as follows: On 06.01.2012, the said Arul Oli was driving his own Toyata Qualis Car bearing Registration No.TN 72 9199, from Chennai to Cuddalore, the container lorry bearing Registration No. TN 04 AH 9499, owned by the 3rd respondent in the appeal one M.Saravanan and insured with the appellant Insurance Company was parked on the middle of the road without any warning signal. Due to poor visibility the driver of the car could sight the lorry only from a very close distance. This resulted in the car hitting the lorry from the rear side, resulting in the death of the driver of the car and his wife A.Vasuki. Contending that it was negligence on the part of the lorry driver in parking the lorry in the no parking area that too on a Highway that led to the accident, the claimants would seek a compensation of Rs.10,00,000/~ for the death of Vasuki and Rs.3,00,00,000/~ for the death of said Arul Oli. It is also contended that the said Arul Oli was a Marine Engineer and was drawing a monthly salary of about Rs.2,70,000/~. Therefore, according to the claimants, who are the daughter and mother of the deceased Arul Oli, they will be entitled to compensation for both pecuniary loss as well as the loss of love and affection.
(3.) The Insurance Company resisted the Claim Petition contending that the accident did not occur in the manner suggested by the claimants. The lorry was parked only on the left extreme of the road and it is the driver of the Qualis Car namely the deceased Arul Oli, who drove the car at a very high speed and dashed against the lorry. It was further contended that the driver of the car contributed the accident to the great extent. The age and the income particulars of both the deceased persons were denied by the Insurance Company and the claimants were put to strict proof of the same.;