B ANANDHI Vs. R LATHA

JUDGEMENT

(1.) These appeals arise as against the order passed by the Motor Accidents Claims Tribunal, Madras, in M.C.O.P. Nos, 3737 and 3741 to 3745 of 1995. Since all these claims arise out of the same accident, the claim petitions were disposed of by common order dated 14.8.2000. As these C.M.As. arise out of the common order passed in the above said M.C.O.Ps. these appeals are disposed of by this common judgment.

(2.) Claimants in M.C.O.P. No. 3737 of 1995 are the parents of the deceased. They filed the claim petition claiming compensation of Rs. 3,00,000 for the death of their son in the motor vehicle accident that took place on 18.8.1995 at about 1.00 a.m. When the deceased Bhaskar Babu, who was working as cleaner in the lorry owned by the respondent No. 1, was travelling in the lorry bearing registration No. TMO 6226 from Manali to Tambaram driven by its driver in a rash and negligent manner dashed against the autorickshaw bearing registration No. TN 01-B-9469 and the deceased Bhaskar Babu was thrown out from the lorry and sustained severe injuries and he died later. It is the case of the claimants that the accident had occurred solely due to rash and negligent driving of the lorry driver and so, the respondent No. 1 owner of the lorry and respondent No. 2 insurer are liable to pay compensation to the claimants. The respondents resisted the claim of the petitioners. The Tribunal, on analysis of evidence, found that the accident had occurred due to rash and negligent driving of the driver of the lorry belonging to the respondent No. 1.

(3.) Negligence aspect is not disputed and hence, it is unnecessary to discuss with regard to negligence aspect.