NARAYANASAMY AND ORS Vs. THANGARAJU AND ORS

JUDGEMENT

(1.) The appellants / 1st and 2nd claimants have preferred the present appeal against the judgment and decree dated 04.07.2007, made in M.C.O.P.No.151 of 2006, on the file of the Motor Accident Claims Tribunal, Sub-Court, Udumalpet.

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

(3.) It was submitted that on 26.03.2006, at about 07.30 p.m., when the deceased Jayaprakash was driving a car bearing registration No.TN39 C8899, along with his friends, on the extreme left of Bhavani-Salem Bye-Pass Road and when the vehicle was near Vattamalai Vaikkalkarai Bridge, the first respondent drove a lorry bearing registration No.KA01 AD3566, in a rash and negligent manner and dashed against the car and subsequently dashed it against a Tamil Nadu State Transport Corporation bus. As a result, the car was crushed and the deceased Jayaprakash sustained grievous injuries and died on the spot. At the time of accident, the deceased was aged 38 years and was working as a Textile Advisor and Manager of Balaji Textile Mill and earning Rs.18,000/- per month. Hence, the claimants had filed the claim petition against the respondents. The respondents 1 to 3 are the driver, owner and insurer of the lorry bearing registration No.KA01 AD3566 and the fourth respondent is the insurer of the car bearing registration No.TN39 C8899.