NEW INDIA ASSURANCE COMPANY Vs. SANTHA

JUDGEMENT

(1.) A .A.O. Nos. 64 and 65 of 1982 arise out of the award in M.A.C.T.O.P. Nos. 2 and 47 of 1980 respectively. M.A.C.T.O.P. Nos. 2 and 47 of 1980 were disposed of together by a common award dated 13th July, 1981 by the Motor Accidents claims Tribunal (District Judge) of Dharmapuri at Krishnagiri, Both these petitions were filed Under Section 110-A of the Motor Vehicles Act claiming compensation. 3.They have been tried together since they related to the same accident. Evidence has been recorded in MACTOP No. 2 of 1980. The third respondent M/s. New India Assurance Company is the appellant in A.A.O. Nos. 64 and 65 of 1982.

(2.) IT is common ground that the accident took place at about 3-00 a.m. on 3-7-1979 near Katnampatti about 3 K.M. from Krishnagiri in Krishnagiri-Madras Trunk Road and that the lorry bearing registration number MSM 6072 driven by the 1st respondent in the petitions hit against a stationary Lorry as a result of which Velmurugan and Nagendran who traveled in the Lorry along with their goods died. The widow and mother of the deceased Velmurugan have filed M.A.C.T O.P. No. 2 of 1980. Similarly mother and father of the deceased Nagendran have filed M.A.C.T.O.P. No. 47 of 1980. Alleging that the accident took place due to rashness and negligence on the part of the first respondent Mohamed Moosa, the driver of the lorry, both the petitions have been filed claiming compensation.

(3.) PW 1 Santha the petitioner in M.A.C.A. No. 2/80, PW 2 M.V. Ramanujam, 2nd petitioner in M.A.C.A. No. 47/80 and PW 3 Krishnan were examined on the side of the petitioners. Ex. A-t and A-2 cash bills for Beedi, Ex. A-3 and A-4 house rent receipts for Rs. 25/-and Rs. 16/-respectively, Ex. A-5 Excise duty G.P.I, receipt Ex. A-6 Notice issued by Advocate to the respondent, Ex. A-7 reply notice issued by the 2nd respondent to the 3rd respondent, Ex. A-8 post mortem certificate regarding the body of M.R. Nagendran, Ex. A-9 certified copy of judgment in C.C No. 32/80 on the file of the Chief Judicial Magistrate, Krishnagiri, and Ex. A-10 certified copy of post mortem certificate regarding the body of Velmurugan were filed on behalf of the petitioners. No witness was examined on the side of the respondents Ex, B-l true copy of Insurance policy No. 678930 for MSM 6072 issued by the New India Assurance Co., Ltd., was filed on the side of the respondent.