GOSHEN STONES CRUSHERS TIRUNELVELI Vs. MRS FATHIMUTHU

JUDGEMENT

(1.) SECOND respondent in M.C.O.P. No.36 of 1987 who is the first respondent in M.C.O.P. No.38 of 1987 is the appellant in both the appeals.

(2.) ON 1.2.1987 the deceased Khader Mohideen was a passenger in the lorry belonging to the second respondent, driven by the first respondent and in the accident that occurred on 1.2.1987, due to rash and negligent driving of the first respondent, the deceased Khader Mohideen who was travelling in that lorry died. The claimants in M.C.O.P. No.36 of 1987 are mother and sister of the deceased Khader Mohideen. Wife of the said Khader Mohideen is the fourth respondent and she filed a separate petition in M.C.O.P. No.38 of 1987 claiming compensation.

(3.) LEARNED counsel for the appellant submitted that Khader Mohideen was travelling in the lorry at the time of the accident and the lorry was insured with the United India Insurance Company Limited and as per the insurance policy, the insurance company is liable to pay compensation.