KOTHAI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) APPEAL is filed as against the award passed by the Motor Accident Claims Tribunal in M.C.O.P. No.979 of 1989. Claimants are the appellants in this appeal. Second respondent in the claim petition is the cross objector.

(2.) THE claimants are the wife and daughter of the deceased Krishnamurthy who died in the accident which occurred on 28.2.1988 at about 9.00 p.m. On the date of the accident, when the deceased was travelling in the bus bearing registration No.TCB.3397 belonging to the third respondent from Vellore to Chennai and when the bus reached Kalathur junction road and was coming near Aavalur, the lorry bearing registration No.MDR.3532 belonging to the second respondent and insured with the first respondent driven by its driver in a rash and negligent manner dashed against the bus and the deceased who was sitting in the fifth row of the bus sustained injury because of the dashing of the lorry with the bus and he succumbed to the injuries. It is further stated in the petition that at the time of the accident, the lorry was loaded with full of logs and the logs were protruding outside and due to dashing of the lorry with the bus, the protruding logs hit the bus and in turn hit the passenger, the deceased and he died in that accident. THE claimants filed claim petition claiming compensation of Rs.2,30,000.

(3.) NOT satisfied with the award of the Tribunal, the claimants filed the present appeal for the disallowed portion of the claim and for directing the first respondent insurance company to pay the compensation amount contending that since the insurance cover note was issued for the vehicle lorry through duly authorised agent, the first respondent cannot seek to avoid liability to innocent third party claimant. The appellant further contends in the appeal that there was composite negligence on the part of both the drivers of respondents 2 and 3 and the accident had occurred while they were negotiating the welcome arch put up on the highway and on the composite negligence, the third respondent is also liable.