Y.SANTHI Vs. MANICKAM SON OF VELLAICHAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the judgment and decree made in M.A.C.T.O.P.No.42 of 2003, dtd. 5/5/2005, on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate),Nagercoil.

(2.) The claim Petitioners are the appellants herein challenging the award passed in M.C.O.P.No.42 of 2003, on the ground of negligence as well as on quantum.

(3.) The claim Petitioners in the claim petition as well as in evidence stated that on 5/10/2002, at about 6.00 a.m., the deceased Ebesh, son of Varghese was driver in Lorry bearing Registration No.KL 06-3537 driving towards Madras and he reached near MAM Engineering College, Siruganoor, Tiruchy District on the National Highway. He was driving his lorry very carefully on the left side of the road. At that time, the Tamil Nadu State Express Transport Corporation bus bearing Registration No.TN 01 N 6460 driven by the first respondent in a rash and negligent manner with a very high speed and the bus went out of the control of the first respodnent and suddenly moved towards the lorry and collided with the lorry driven by Ebesh.