NATIONAL INSURANCE CO , LTD Vs. MANI AND ORS

JUDGEMENT

(1.) The appellant/second respondent has preferred the present appeal against the judgment and decree dated 08.07.2008, made in M.C.O.P.No.1017 of 2006, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Coimbatore at Tiruppur.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 22.12.2005, at about 12.30 p.m., when the deceased Dhanapal was riding his bicycle, from west to east, on Tiruppur to Mangalam Road and when he was near the Fruits Godown Bus Stop at Tiruppur, the first respondent's lorry bearing registration No.TN51 3699, which was coming from west to east, on the same road and driven in a rash and negligent manner, dashed against the deceased Dhanapal. As a result, the deceased Dhanapal had sustained grievous injuries all over his body. He was admitted at Government Hospital, Tiruppur. But, in spite of medical treatment, the deceased succumbed to his injuries. Hence, the claimants had filed the claim petition against the respondents, who are the owner and insurer of the lorry bearing registration No.TN51 3699.