NATIONAL INSURANCE CO LTD Vs. K KANNAN

JUDGEMENT

(1.) INSURANCE Company has filed this appeal, aggrieved over the award, made in M. C. O. P. No. 128 of 1995 on the file of Motor Accident claims Tribunal, Gobichettipalayam. For the sake of convenience, the rank of the parties are referred to in this judgment as mentioned in M. C. O. P. before the Tribunal.

(2.) ON 9th November, 1994 at about 9. 30 a. m. , while Lorry bearing Registration no. T. T. 1. 7647, belonging to third respondent, driven by its driver in a rash and negligent manner, was coming on Sathy-Puliyampatti main Road near Pungampalli Tank at kadaimadai, it collided head on with another lorry, bearing Registration No. T. N. 33 Z 0556, belonging to sixth respondent, driven by its driver, who was also reckless. In the said accident, the persons travelling in the cabin and those who were on the backside body of the Lorry received injuries and some of them died.

(3.) THE claimant was travelling in the Lorry, belonging to sixth respondent. According to him, he was travelling in the said vehicle in the capacity of a loadman to load the articles, such as chairs, tables and bedsheets and unload them. The vehicles of third and sixth respondents were insured with fourth respondent and the appellant respectively.