UNITED INDIA INSURANCE CO LTD Vs. SELVAM

JUDGEMENT

(1.) ALL these three appeals arise out of a single accident and hence, this common judgment. United india Insurance Co. Ltd. , respondent No. 2 in M. A. C. T. O. P. Nos. 525 to 527 of 1999 on the file of Motor Accidents Claims tribunal, Tiruvannamalai is the appellant in all the appeals.

(2.) THE brief case of the claimants is as follows: in respect of an accident that took place on 12/13. 4. 1999 at 3 a. m. , the claimants in the said petitions and others were travelling as labourers in an open goods van (goods carriage vehicle) bearing registration No. TN 25-B 1441 belonging to the respondent no. 1 from Chengam to Erode. Near Kanagagiri, due to rash and negligent driving of van driver, the van capsized, in which one person died on the spot and others have sustained grievous injuries. On account of the injuries sustained, the claimants in m. A. C. T. O. P. Nos. 525 to 527 of 1999 have filed separate petitions, praying for a compensation of Rs. 1,00,000 each. In m. A. C. T. O. P. No. 527 of 1999, claimant was examined as PW 1 and a government doctor was examined as PW 2 besides making Exhs. P1 to P3 and one X-ray as m. O. 1 in support of his claim before the tribunal. In M. A. C. T. O. P. Nos. 525 and 526 of 1999 and other connected petitions, pws 1 to 7 were examined and Exhs. P1 to P17 were marked. On the side of the respondents, no witness was examined and no document was marked. The Tribunal on appreciation of evidence, both oral and documentary, after holding that accident was caused due to negligence of the driver of the van in question, passed an award for rs. 45,800, Rs. 42,000 and Rs. 1,00,000 respectively as compensation for claimants in M. A. C. T. O. P. Nos. 525 to 527 of 1999 respectively and directed the respondent nos. 1 and 2 to pay the said compensation amount jointly or severally to claimants. Questioning the said awards, the insurance company has preferred these appeals.

(3.) THE claimants are injured in a motor accident in which a goods vehicle bearing no. TN 25-B 1441 was involved. The date of accident is 12/13. 4. 1999. Upon perusing the evidence, the Tribunal has rightly found that driver of the van was negligent in his driving and so, fastened the liability to pay compensation upon the owner of the vehicle. In this respect, there is no dispute.