REGIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LIMITED Vs. P MARUTHAVANAN; P KRISHNAN; M EASWARAN; ADMINISTRATIVE MANAGER, TAMIL NADU STATE TRANSPORT CORPORATION LIMITED AND ORS

JUDGEMENT

(1.) The 1st respondent herein/claimant has filed in M.C.O.P.No.13 of 2001, against the appellant and others claimed compensation of a sum of Rs.3,00,000/-, stating that on 27.09.1997, the claimant's brother one Rajendran had driven his lorry bearing registration No.TDQ-9877, from Erode to Madurai and at about 10.50 a.m., a cyclist had suddenly come in the opposite direction. In order to avoid collusion with the cyclist, the driver of the lorry swerved his lorry on his left side and at that time, a lorry bearing registration No.TCE-9729 came in the opposite direction in a rash and negligent manner. On seeing this, the said lorry driver Rajendran had reduced the speed of his vehicle and at that time, the passenger bus bearing registration No.TN-59N-0048, belonging to the Tamil Nadu State Transport Corporation and driven by its driver in a rash and negligent manner, while following the lorry bearing registration No.TCE-9729, came and dashed against the lorry bearing registration No.TDQ-9877. As a result, the front portion of the lorry was damaged and several passengers sustained injuries. Due to the accident, the driver of the lorry, P.Rajendran collapsed in the cabin of the lorry itself. Immediately, the fire service personnel came and cut the cabin of the lorry and removed the dead body of the said Rajendran. Hence, the claimants being the legal heirs of the deceased, had filed the claim against the respondents.

(2.) The 3rd respondent/Insurance Company had filed a counter statement and resisted the claim petition. The respondent denied the averments in the claim that the lorry bearing registration No.TCE-9729 had been insured with his company. Further, both the drivers of the lorries concerned in the said accident were not possessing a valid driving licence. As per F.I.R, it is seen that there is no fault on the driver of the lorry who had driven the lorry bearing registration No.TCE-9729. Actually, the deceased lorry driver Rajendran by his negligence, had caused the said accident and the driver of the bus owned by the Tamil Nadu State Transport Corporation, dashed against the lorry bearing registration No.TDQ-9877, as a result of which the front portion of the lorry was damaged and as such, the brother of the claimant had succumbed to his injuries on the spot. The respondent denied the averments in the claim regarding age, income and occupation of the deceased. It was further stated that only the 5th and 6th respondents are liable to pay compensation to the claimants.

(3.) On the side of the claimant, two witnesses were examined as Pws.1 and 2 and seventeen documents were marked as Exs.P1 to P17 namely: F.I.R; post mortem report; voters list; RDO's letter; Family ration card; Motor Vehicle Inspector's Report for the (deceased) lorry and bus; charge sheet; policy copy; copies of the voters list etc. On the side of the respondents, two witnesses were examined and six documents were marked namely Judgment copy in M.C.O.P.No.454 of 1998, judgment copy in M.C.O.P.No.516 of 1998, hospital records, voters list, etc.