SRIVATSA TUBE CORPORATION Vs. K LATHA

JUDGEMENT

(1.) The appeal is against the award and decree dated 30.7.1998 in M.C.O.P.No.342 of 1990 on the file of the Motor Accidents Claims Tribunal (Sub-Court), Tindivanam. The owner of the lorry and the Insurance Company are the appellants herein. Respondents 1 to 4 herein are the claimants before the Tribunal.

(2.) The deceased was driver of the Police vehicle and the claimants are the legal heirs. The accident took place on 17.6.1990 at 5.15 a.m. at the place 8 km from Tindivanam on the Trichy-Madras National Highway. At the time of the accident, the lorry belonging to the first appellant, driven by its driver, dashed against the Police Jeep, thereby the driver of the Police Jeep sustained injuries and he died on the spot. Along with the deceased, another passenger of the vehicle also expired. According to the claim petition, the accident happened due to rash and negligent driving of the driver of the first appellant and consequently, the claim petition was filed seeking a consolidated sum of Rs.5,00,000/- as compensation.

(3.) The Insurance Company resisted the claim along with the owner of the lorry.