KRISHNAKUMAR Vs. KASTHURI

JUDGEMENT

(1.) The present appeal has been filed by the owner of the vehicle challenging the exoneration of the insurance company in the award passed by the Motor Accident Claims Tribunal, Padmanabhapuram in MCOP.No.9 of 1986.

(2.) According to the claimants, the deceased was travelling as a loadman in the cabin of a lorry on 27/5/1984. Another lorry came from the opposite direction overloaded with haystack. The driver of the lorry in which the deceased was travelling negligently driven the said vehicle and it dashed against the lorry carrying haystack. In view of the said fact, the haystack that was loaded in the other lorry pressed against the deceased who was sleeping in the cabin and he passed away.

(3.) The claimants have further contended that the first respondent is the driver of the lorry in which he was travelling and the second respondent is the owner and third respondent is the insurance company. They have claimed a sum of Rs.70,000.00.