NEW INDIA ASSURANCE CO, LTD Vs. SEDHUMANI; SIVAKUMAR

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 22.02.2008, made in M.C.O.P.No.77 of 2007, on the file of the Motor Accident Claims Tribunal, Additional District Court-cum-Fast Track Court No.III), Virudhachalam.

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

(3.) It was submitted that on 22.09.2005, at about 05.00 a.m., when the deceased Senthilumar was driving the lorry bearing registration TDX 9833, on Salem-Ulundurpet Road and near M.L.Dhakka, he had seen one of his company's lorry bearing registration No.TN04 7765 parked on the left side of the road. On seeing it, he had overtaken the stationed lorry and parked his lorry ahead of the stationed lorry and both he and the cleaner of his lorry had got down and enquired with the driver of the parked lorry as to what had occurred. While they were inspecting the tyres of the lorry bearing registration No.TN04 7765, the first respondent's lorry bearing registration No.TN21 M3967, which was coming behind them and driven at a high speed and in a rash and negligent manner, had dashed against the lorry bearing registration No.TN04 7765 and caused the accident. As a result, the deceased Senthilkumar and the cleaner of his lorry had sustained grievous injuries and died on the spot. At the time of accident, the deceased was working as a driver and earning Rs.6,000/- per month. Hence, the petitioner had filed the claim petition against the respondents, who are the owner and insurer of the lorry bearing registration No.TN21 M3967.