KANDAN TRAVEL AGENCIES Vs. RADHA

JUDGEMENT

(1.) THIS is a case, where two vehicles, namely, a van and a lorry, collided head on, whereby two drivers of the said vehicles breathed their last. Pursuant to the said accident, legal heirs of the lorry driver preferred an M. C. O. P. on the file Motor Accident Claims Tribunal. Chengalpattu, wherein, as against a claim of rs. 4,00,000/-, a sum of Rs. 3,36,000/- was awarded by the Tribunal. Aggrieved over the said award, owner and insurer of the van have filed this appeal.

(2.) THE ill-fated accident occurred on 3rd may, 1992 at about 00. 15 hours, near S. R. M. Collegeon G. S. T. Road. When the deceased baskar was driving a lorry, bearing registration no. TMX 793, a van, bearing registration no. TN 04 5996, came in the opposite direction and collided head on with the lorry, resulting in the deaths of both the drivers. Fifth respondent is the owner and sixth respondent is the insurer of the lorry. Similarly, first appellant is the owner and second appellant is the insurer of the van. Owners of both the vehicles did not project their appearances before the Tribunal, by remaining ex parte.

(3.) IN the counter of second appellant, who is the insurer of the van, it was alleged that the drive of the lorry was negligent at the time of accident, as he drove the vehicle in a rash and negligent manner, and, therefore, the drive of the van could not at all be fastened with any liability.