BAJAJ ALLIANZ GENERAL INS. CO. LTD Vs. DANAPAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dtd. 9/4/2011 in M.C.O.P.No.214 of 2008 passed by the learned Motor Accident Claims (Sub Court), Kulithalai.

(2.) It is a case of fatal accident. On 22/6/2008, morning at 08.45 a.m., the deceased, namely Patturoja was travelling in a Mini-door van bearing Regn. No.TN-33-AJ-4765 belongs to the 4th respondent herein. The van was driven by the 3rd respondent herein, Keeranur - Panchapatti Road, near Karaiyampatti, the driver of the Mini-door van drove the vehicle from north to south in rash and negligent manner and when the van suddenly turned an eastern side the van capsized upside down. Due the said accident, the said Patturoja died.

(3.) The claimants have filed a petition in M.C.O.P.No.214 of 2008 on the file of the learned Motor Accident Claims (Sub Court), Kulithalai, seeking compensation.