UNITED INDIA INSURANCE COMPANY LIMITED Vs. INDHIRA

JUDGEMENT

(1.) THE 1st respondent/2nd respondent and the 2nd appellant/4th respondent have preferred the present appeal in C.M.A.No.878 of 2005, against the judgment and decree passed in M.C.O.P.No.774 of 2002, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.I, Tirunelveli.

(2.) THE short facts of the case are as follows: On 03.01.1997 at about 06.45 p.m., when the (deceased) Selvaraj was standing behind the 1st respondent's lorry, bearing registration No.TTE-9822, at Sekkampurdur Village in front of Srilakshmi Transport Office and while the lorry was driven in reverse by its driver, the 3rd respondent's lorry bearing registration No.TNE-6949 was also driven by its driver in reverse, in a rash and negligent manner and at a high speed and dashed against the (deceased) Selvaraj @ Dasan @ Raj. The (deceased) Selvaraj sustained severe injuries and died on the spot. At the time of accident, the deceased was aged 33 years. He was working as a cleaner in a lorry transport service and earning Rs.2,000.00 per month. As the accident occurred due to the rash and negligent driving of both the lorries, all the four respondents are liable to pay compensation to the legal heirs of the deceased Selvaraj. Hence, the petitioners who are the legal heirs of the deceased Selvaraj have filed a claim in M.C.O.P.No.774 of 2002, claiming compensation of a sum of Rs.15,00,000.00.

(3.) THE motor accidents Claims Tribunal framed two issues for consideration in this case namely: (1) On whose negligence was the accident caused? (2) Are the petitioners entitled to get compensation? If so, who is liable to pay compensation?