ORIENTAL INSURANCE CO. LTD Vs. S. VISHNU GANGA

JUDGEMENT

(1.) Since the both Civil Miscellaneous Appeals arise out of a common award, dated 25.11.2014 made in M.C.O.P. Nos.1573 and 1574 of 2009, on the file of the Motor Accidents Claims Tribunal (IV Additional District Judge), Madurai, they are taken up together for final disposal and disposed of by a common judgment.

(2.) For the sake of convenience, the parties are referred to according to their litigative status before the Tribunal.

(3.) This is a case of fatal accident, in which the accident took place on 17.06.2008, while the deceased travelled in a tempo traveller TN-59-V-8987 belonging to the first respondent from Bellari to Madurai, near Namakal, at that time the Tamil Nadu State Transport Corporation Bus belonging to the third respondent, bearing Registration No.TN-30-0612, coming on the opposite direction, dashed against the tempo traveller. The driver of the first respondent's vehicle drove the vehicle on the proper side of the road at a moderate speed and that the third respondent's vehicle came on the wrong side of the road and lost his balance and control of the Bus. The above driver drove his vehicle in a rash and negligent manner and dashed against the tempo traveller. The accident had occurred due to the rash and negligent driving of the driver of first and third respondents. On the said impact, Sethuraman, the father of the claimants died on the spot and Radha Rukmani, the mother of the claimants died on the way to the Hospital.