NATIONAL INSURANCE COMPANY LIMITED Vs. SARAVANAN

JUDGEMENT

(1.) The present appeal has been filed by the insurance company challenging the award passed by the Motor Accident Claims Tribunal, Thoothukudi in MCOP.No.259 of 2003 primarily on the ground of liability.

(2.) According to the claimants, the deceased Thangaraj was an occupant of an Ambassador Car owned by the first respondent in the claim petition and insured with the second respondent. The lorry belonging to the third respondent and insured with the fourth respondent was driven in a rash and negligent manner and dashed against the Ambassador Car in which the deceased Thangaraj had sustained grievous injuries and later passed away. According to the claim petitioners, the driver of both the vehicles had equally contributed to the said accident. The claimants have prayed for a sum of Rs.7,00,000.00 as compensation.

(3.) The insurance company of the Ambassador Car had filed a counter contending that the accident has happened solely due to the rash and negligent driving on the part of the driver of the lorry. In fact, the driver of the lorry was charge sheeted for the said accident and therefore, they are not liable to pay any compensation.