ORIENTAL INSURANCE COMPANY LIMITED Vs. PERIYASAMY

JUDGEMENT

(1.) THE claimants/respondents herein had filed in M.C.O.P.No.197 of 2003, against the two appellants herein/Insurance Companies and Insurers of both vehicles stating that on 19.05.2003, at about 00.45 hours, the 1st claimant's wife Panchavarnam was travelling in a Tata Sumo Car, bearing registration No.TN- 04M-4595, on the Ettaiyapuram Main Road and at that time the 4th respondent's van bearing registration No.TN-67Y-6377, came from the opposite direction on the same road and dashed against each other, as a result the said Panchavarnam had expired. Hence, the husband of the deceased and sons of the deceased claimed compensation a sum of RS.4,00,000/-.

(2.) THE 2nd respondent/National Insurance Company has filed counter statement and resisted the claim petition. The respondent stated that the F.I.R has been registered against the 1st respondent's vehicle driver and that the 4th and 5th respondents are formal parties.

(3.) THE 4th Respondent/Owner of the van filed a counter statement stating that the 1st respondent's driver had caused the said accident due to negligent driving, hence the F.I.R has been registered against the driver, therefore, this respondent is not liable to pay compensation.