NAGAM PVT. LTD Vs. MALAIYATHAL

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant against the judgment and decree dtd. 7/8/2012, made in M.C.O.P. No.1636 of 2009, on the file of the Chief Judge, Small Causes Court, (Motor Accident Claims Tribunal), Chennai.

(2.) The appellant is the 1st respondent in M.C.O.P. No.1636 of 2009, on the file of the Chief Judge, Small Causes Court, (Motor Accident Claims Tribunal), Chennai. The respondents 1 to 4 filed the said claim petition, claiming a sum of Rs.12,00,000.00 as compensation for the death of one Palanikumar, who died in the accident that took place on 12/2/2009.

(3.) According to the respondents 1 to 4, on the date of accident, when the deceased was riding his two wheeler bearing Registration No. TN-03-B- 4447 at Ennore High road in Dr.Kalaingar Nagar 1st bridge junction, driver of the Eicher Van bearing Registration No. TN-20-AT-5515 belonging to the appellant, drove the same in a rash and negligent manner and dashed against the two wheeler driven by the deceased and caused the accident. The deceased succumbed to fatal injuries. The accident occurred due to rash and negligent driving by the driver of the Eicher Van belonging to the appellant. Hence, the respondents 1 to 4 claimed compensation against the appellant, as owner and 5th respondent as insurer of the offending vehicle.