S PALANISWAMY Vs. CHINNAKALI

JUDGEMENT

(1.) THE appeal is directed against the judgment and decree dated 30-6-2003 made in M. C. O. P. No. 733 of 1995 on the file of the motor Accident Claims Tribunal (Additional district-cum-Fast Track Court No. 4), coimbatore at Tiruppur.

(2.) THE impugned accident had taken place on 2-3-1995 at about 6. 00 p. m. , while the deceased-Ramkumar, as a cleaner, was travelling and assisting the driver of the mini lorry bearing Registration No. TN-37e-8944 proceeding towards west in Palladam to coimbatore, the bus belonging to the first appellant and driven by the third respondent/ driver in a rash and negligent manner, came from the opposite direction and near perumbalikuttai dashed againstthe mini lorry, as a result of which, the deceased sustained grievous injuries and died on the spot and the driver of the mini lorry, who also sustained injuries, was admitted in the hospital. The claim of the respondent /claimants, parents of the deceased-Ramkumar, a sum of Rs. 5 lakh towards compensation, was resisted by the second appellant.

(3.) THE Tribunal, by the impugned judgment, while holding that the accident had occurred only due to the rash and negligent driving of the bus, held that the appellants and the third respondent are liable to pay compensation. The Tribunal, while exonerating respondents 4 and 5, owner and the insurer of the mini lorry, held that the respondent/claimants are entitled to get compensation and determined a sum of rs. 1,52,400 as compensation payable by the appellants and the third respondent. Hence, this appeal by the appellants.