LATHA MARY Vs. MURUGAN

JUDGEMENT

(1.) Both the appeals are arising out of the common judgment made in M.C.O.P.1397 of 2014, dtd. 21/9/2017, on the file of the Motor Accidents Claims Tribunal(Special Sub-Court), Tirunelveli.

(2.) For the sake of convenience, the parties are referred to as per their ranking in C.M.A(MD)No.602 of 2021.

(3.) The appellants-Claim Petitioners filed claim petition in M.C.O.P.No.1397 of 2014 alleging that the husband of the first Petitioner, who was working as Driver of the Tanker Lorry bearing Registration No. TN 05 AM 8362 was riding the vehicle on 4/9/2014. The deceased was driving the Tanker Lorry bearing Registration Number TN 05 AM 8362 belonging to the third respondent, insured with the fourth respondent, from Trichy to Chennai. At about 11.30 p.m., when the lorry reaching near Andal Alagar Engineering College near Mamandoor on the Tindivanam Chennai National Highways, all of a sudden in a point black the deceased spotted a lorry bearing Registration Number TN 22 AR 7940 belonging to the first respondent, insured with the second respondent, parked on the middle of the road without any park lamp despite the deceased applied sudden brake due to short distance the deceased lorry colluded with the rear portion of the first respondent stationed lorry. As a result of which, the deceased sustained serious injuries and immediately he was taken to Madras Medical College Hospital at Chennai, where he succumbed to his injuries.