M ANANDAVALLIAMMA Vs. ARVIND EYE HOSPITAL

JUDGEMENT

(1.) By a common judgment, the Motor Accidents Claims Tribunal, Dindigul (Principal District Judge, Dindigul), disposed of M.C.O.P. Nos. 1260 of 1994, 55 and 56 of 1995 and other claim petitions on 28.2.1997.

(2.) C.M.A. No. 1228 of 1997 has been filed by claimants in M.C.O.P. No. 1260 of 1994, claiming enhanced compensation over and above what has been awarded by the Tribunal. C.M.A. No. 88 of 1998 has been filed by the claimant in M.C.O.P. No. 55 of 1995, claiming enhanced compensation over and above the amount awarded by the Tribunal. C.M.A. No. 327 of 1998 has been filed by the claimant in M.C.O.P. No. 56 of 1995, claiming enhanced compensation. C.M.A. Nos. 1331, 1337 and 1333 of 1998 have been filed by the insured (owner of the vehicle), questioning the correctness of the judgment of the Tribunal, exonerating the insurance company with reference to M.C.O.P. Nos. 1260 of 1994, 55 and 56 of 1995 respectively.

(3.) Dr. Premachandran, Dr. Reshmi and Dr. Shanthi, working in Aravind Eye Hospital, Madurai, on the fateful day that was on 8.7.1994 at about 1.30 p.m., along with others, proceeded from Madurai in a Tempo Traveller mini van bearing registration No. TN-59 A3906 to render service in an Eye Treatment Camp that was being conducted by Aravind Eye Hospital, Madurai at Sundarapuram near Coimbatore. At about 3.30 p.m., the van reached the place called Palakanuthu and because of rash and negligent driving of the driver of the vehicle, it dashed against a tree and in the accident, Dr. Premachandran died while Dr. Reshmi and Dr. Shanthi sustained injuries.