P STELLA Vs. S SEBASTIAN

JUDGEMENT

(1.) Since the both Civil Miscellaneous Appeals arise out of a award, dated 31.08.2010 made in M.C.O.P.No..138 of 2008, on the file of the Motor Accidents Claims Tribunal, District Court, Kanyakumari at Nagercoil, they are taken up together for final disposal.

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

(3.) It is the case of fatal accident that took place on 05.02.2007 at about 08.30 a.m. while the deceased was travelling in the bus bearing Registration No. TN-74-N-0800 belonging to the fourth respondent from Nagercoil to Tirunelveli. When the bus was proceeding near Nanguneri Vakaikulam infront of the Pannirupidi Ayyan College, at that time the bus bearing Registration No. TN-28- M-9199 belonging to the second respondent was driven by the first respondent in the opposite direction in a rash and negligent manner and dashed on the bus in which the deceased was travelling. On the said impact the deceased and others sustained fatal multiple injuries and the deceased died on the spot itself. The F.I.R. was registered under Sections 279,337,338 and 304-A IPC.