THE ORIENTAL INSURANCE CO. LTD. Vs. MINOR ADITHI

JUDGEMENT

(1.) All the four appeals arise out of common Judgment dated 29.9.2006 passed in M.C.O.P.Nos.975 to 978 of 2001 on the file of the Motor Accident Claims Tribunal cum FTC -I, Trichy.

(2.) The claimants filed petitions claiming compensation for the injuries sustained by them in the accident that took place on 03.02.2001. The claimants in M.C.O.P.Nos. 975 and 976 of 2001 filed Cross Objection (MD) Nos.20 and 21 of 2014 in C.M.A.(MD)Nos.585 and 588 of 2010. All the four appeals are filed by the insurance company. The first respondent in all the appeals are the claimants. The second respondent is the owner of the vehicle - TATA Sumo. The respondents 3 and 4 are the Transport Corporation. In all the four appeals and two Cross Objections, parties are one and the same and all the cases are arising out of the same accident that took place on

(3.) 02.2001. Therefore, all the cases are disposed of by this common judgment. 3. Facts of the case: - On 03.02.2001 all the claimants were coming from Bangalore to Pudukottai in TATA Sumo vehicle belonging to second respondent, insured with the appellant. According to the claimants, the driver of the TATA Sumo was driving the vehicle in a rash and negligent manner from the beginning. When they were nearing Rengammal Chattiram colony on the Trichy -Pudukottai road, the bus bearing registration No. TN -45/N -1181 belonging to the third and fourth respondents coming in the opposite direction driven by its driver in a rash and negligent manner, dashed against the TATA Sumo. Due to that, all the claimants sustained injuries and admitted in the hospital and claimed compensation for the injuries sustained by them. The claimants have stated that both the drivers were driving their vehicle in a rash and negligent manner and caused the accident.