S.SRINIVASAN Vs. MOOKANDI

JUDGEMENT

(1.) THE appellant / petitioner has preferred the present appeal in C.M.A.(MD)No.1498 of 2007, against the order passed in M.C.O.P.No.1219 of 2001, on the file of the Motor Accidents Claims Tribunal, (II Additional Subordinate Court), Tirunelveli.

(2.) THE short facts of the case are as follows: The petitioner has filed the claim in M.C.O.P.No.1219 of 2001, claiming compensation of a sum of Rs.3,00,000/ - from the respondents for the damages of his Maruthi van in a Motor Vehicle Accident. It was submitted that on 26.08.2001, at about 4.00 p.m., when the (deceased) Esakkimuthu was driving the Maruthi Van bearing Registration No.TN -07 -E -5870, from Madurai to Tiruchendur along with other passengers and when the Van was proceeding towards north on the Thoothukudi -Tiruchendur Main Road and near Annai Teresa Housing Flats near Veerapandian Pattanam, the 1st respondent's Trucker vehicle bearing Registration No.TN -69 -X -2003 coming in the opposite direction and driven at a high speed and in a rash and negligent manner dashed against the Maruthi Van. As a result, the Maruthi Van was pushed back and consequently dashed against the 3rd respondent's bus bearing Registration No.TN -72 -N -0442, coming behind the Maruthi Van. As a result, the Maruthi Van was totally damaged. Hence, the petitioner has filed the claim against the respondents 1 to 3. The 1st and 2nd respondents are the owner and insurer of the Trucker bearing Registration No.TN -69 -X -2003 and the 3rd respondent is the Tamil Nadu State Transport Corporation Limited, Tirunelveli.

(3.) THE 3rd respondent, in his counter has submitted that the driver of the bus had driven the bus carefully and cautiously and that the accident was caused due to the rash and negligent driving of the 1st respondent's Trucker, which had dashed against the Maruthi Van, which in turn had dashed against the bus. It was submitted that the claim was excessive.