UNITED INDIA INSURANCE CO. LTD. Vs. MAYANDI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed against the Award and Decree, dated 16.07.2004 made in M.C.O.P.No.173 of 2000 on the file of the Motor Accident Claims Tribunal (Principal District Court) at Dindigul.

(2.) THE respondents 1 to 7 / claimants have filed a claim petition, claiming compensation of Rs.3,00,000/ - for the death of one Angammal and in the claim petition it is stated that on 11.11.1999 at about 9.00 a.m., the deceased Angammal, after purchasing vegetables for sale, was travelling in the Tempo van, bearing Reg.No.TN -45 -1454, belonging to the 8th respondent herein / first respondent in the O.P. and insured with the appellant herein / 2nd respondent in the O.P., along with vegetables. The first respondent's Van was driven by its driver in a rash and negligent manner on the Usilampatti - Theni Main Road from east towards west and dashed against the bus bearing Reg.No.TN -57 -N -0714, belonging to the 3rd respondent Corporation, which came in the opposite direction. As a result of which, the deceased Angammal was sustained grievous injuries and succumbed to the injuries on the spot. It is further averred in the claim petition that the deceased Angammal was aged 45 years at the time accident and she was doing vegetables business and earned Rs.3,000/ - per month. The claimants are husband and children of the deceased and they claimed compensation of Rs.3,00,000/ - from respondents Nos.1 & 2, who are owners and insurer of Tempo van and from 3rd respondent, as owner of Bus.

(3.) THE appellant/2nd respondent in the O.P. filed a counter in which denied the manner of accident alleged in the claim petition and contended that the accident had occurred only due to rash and negligent act of the driver of the bus and therefore, the appellant and 8th respondent herein / respondents 1 and 2 in the O.P. are not liable to pay the compensation.