NATIONAL INSURANCE COMPANY LTD Vs. PUSHPA

JUDGEMENT

(1.) These Civil Revision Petitions have been filed against the award and decree dated 26.11.2008 made in MCOP Nos.55, 56 & 202 of 2004 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) Gudiyatham.

(2.) The petitioner is the third respondent, the first respondent are the claimants and the respondents 2 and 3 are the respondents 1 and 2 in MCOP Nos.55, 56 & 202 of 2004. The parties are referred to as arrayed in the claim petitions.

(3.) According to the claimants, on 11.12.2003, while they were travelling in an Auto from Vellore to Paradharami, the first respondent who is the driver of the auto belonging to the second respondent, insured with the third respondent, drove the same in a rash and negligent manner and due to uncontrollable speed, caused the accident. All the claimants who travelled in the auto sustained grievous injuries and were admitted in the Government Hospital at Vellore for treatment. The accident occurred only due to the rash and negligent driving by the first respondent driver. The vehicle is insured with the third respondent. The second respondent is the owner and the first respondent is the driver who drove the vehicle at the time of accident. Therefore, the claimants filed claim petition before the Tribunal claiming compensation against the respondents. The respondents 1 and 2 entered appearance but did not file any counter.