NATIONAL INSURANCE COMPANY LTD Vs. SUBRAMANI

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed to set aside the judgment and decree dated 05.03.2010, made in M.C.O.P. No.349 of 2007, on the file of the Sub Court, (Motor Accident Claims Tribunal), Bhavani.

(2.) The appellant is the 5th respondent in M.C.O.P. No.349 of 2007, on the file of the Sub Court, (Motor Accident Claims Tribunal), Bhavani. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by him in the accident that took place on 19.12.2006.

(3.) According to the 1st respondent, on the date of accident, at about 8.45 a.m, he was traveling in a Tempo Van bearing Registration No.TDR6979 belonging to the 5 th respondent, driven by its driver slowly and carefully, observing all the rules near Bangalore bye-pass road. At that time, the 2nd respondent, driver of the Maruthi Omni Van bearing Registration No.TN-33-J-0094 belonging to the 3rd respondent, ahead of the Tempo Van, suddenly applied brake. The driver of the Tempo Van, unable to avert the accident, dashed on the back side of the Maruthi Omni Van and caused accident. The accident occurred due to rash and negligent driving by the 2nd respondent, driver of the Maruthi Omni Van. In the accident, the 1st respondent sustained grievous injuries and the driver of the Tempo Van died on the spot. The appellant and 5th respondent as insurer and owner of the Tempo Van and respondents 2 to 4 as driver, owner and insurer of the Maruthi Omni Van are liable to pay compensation.