NEW INDIA ASSURANCE CO. LTD Vs. JAYARANI

JUDGEMENT

(1.) THESE two Civil Miscellaneous Appeals have been filed against the Orders dated 17.11.2009 and 16.11.2009 in M.C.O.P. Nos.309 & 313/2009 respectively passed by the Motor Accident Claims Tribunal, Fast Track Court. Dharmapuri.

(2.) THE Insurance Company is the Appellant in both the Appeals. The Claims arise out of the accident that took place on 5.11.2005 and the respective First Respondent in both the Appeals. Who were travelling in Lorry NO.TN -55 -B -6898 to unload blue metal, were injured. The 2nd Respondent is the owner of the vehicle. For the sake of convenience, the parties will be referred as per their ranks in the Claim Petition.

(3.) THE respective Claim Petitions were filed claiming that the Claimants, along with other Coolie workers, were on their way to Deevattipatti to unload the blue metals, that the Lorry Driver, who was driving the vehicle rashly and negligently, applied the breakes suddenly and the lorry capsized. The Claimants suffered injuries and hence, filed the Claim Petitions claiming Compensation from the 1st Respondent -owner of the Lorry and the 2nd Respondent -Insurance company.