SUBBATHAL Vs. A KAJA NAJMUDEEN

JUDGEMENT

(1.) The appellants / claimants have preferred the present appeal against the judgment and decree dated 11.03.2005, made in M.C.O.P.No.509 of 2001, on the file of the Motor Accident Claims Tribunal, Sub-Court, Tiruppur.

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

(3.) It was submitted that on 27.05.1996 at about 04.00 p.m., when the deceased Kaliappan was driving a Maruthi Car bearing registration No.TN37 D9119, from east to west, on the left of Palladam-Coimbatore Main Road, near Anna Nagar, a Ciello Car bearing registration No.PY01 E9018, coming from west to east, on the same road and driven in a rash and negligent manner by it's driver, dashed against the Maruthi Car. As a result, the deceased Kaliappan sustained grievous injuries and died while being taken to the hospital at Palladam. At the time of accident, the deceased was aged 55 years and was the owner of 18 Acres of agricultural land. Besides this, he was the Proprietor of Rajendra Textiles and running Seizing Mill by name Saraswathi Sizing Mill as a lessee and was also running 24 power looms and was earning Rs.50,000/- 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 Ciello Car bearing registration No.PY01 E9018 and the respondents 4 and 5 are the owner and insurer of the Maruthi Car bearing registration No.TN37 D9119.