STATE BANK OF INDIA Vs. ANJALAKSHMI AMMAL MADURANTAKAM

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 26.7.1995 made in O.S. No. 128 of 1992 on the file of the learned Additional Subordinate Judge, Chengaipattu.

(2.) THE appellant herein was the third defendant in the suit before the Trial Court. THE suit was filed by the first respondent herein against the defendants therein. It is not in dispute that the second respondent herein/first defendant is the owner of the Tractor-Trailor bearing Registration Nos. TDH 1741 and TDH 1742 respectively, which met with an accident on 3.3.1992. THE third respondent is the Insurance Company under whom the said Tractor- Trailor had been insured for the period prior to the accident. THE appellant Bank herein had sanctioned loan to the second respondent for purchasing the said Tractor-Trailor. THE above said vehicle got capsized in the accident, due to which, one Krishnamoorthi, who was the son of the first respondent died on the spot.

(3.) CONSIDERING the oral and documentary evidence and the arguments advanced by both sides, the Trial Court decreed the suit directing the appellant to pay damages to the tune of Rs. 1,00,000/- to the first respondent with interest at 6% per annum with proportionate cost. Aggrieved by the said judgment and decree, this appeal has been preferred by the appellant/third defendant.