DIVISIONAL MANAGER Vs. VASANTHA AND ORS

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 13.07.2005, made in M.A.C.T.O.P.No.52 of 2001, on the file of the Motor Accident Claims Tribunal (Principal District Court), Cuddalore.

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

(3.) It was submitted that on 29.10.1998, at about 03.45 a.m., when the deceased Alolam was travelling as a loadman in the first respondent's lorry bearing registration No.TDF 4377, which was proceeding from Panrutti to Kerala and when it was near Kattukottai near Sankar Sago Mill, the driver of the lorry drove it in a rash and negligent manner and dashed it against a tractor bearing registration No.TN31 X0538. As a result, one person died on the spot and the other loadmen including the deceased Alolam had sustained injuries. The deceased Alolam was admitted at Government District Head Quarters Hospital, Cuddalore, wherein he took treatment as an inpatient for three months. Subsequently, he took treatment at his native place, but in spite of treatment he died on 04.09.1999. At the time of accident, the deceased was working as a loadman and earning Rs.100/- per day. Hence, the claimants had filed the claim petition against the respondents, who are the owner and insurer of the lorry bearing registration No.TDF 4377.