UNITED INDIA INSURANCE COMPANY LIMITED COIMBATORE Vs. SARASWAIHI

JUDGEMENT

(1.) THIS appeal is against the order passed by the Motor accidents Claims Tribunal (Additional Subordinate Judge), Erode in M. C. O. P. No. 330 of 1984.

(2.) THE averments in the petition are as follows: THE deceased Subramanian was proceeding in van T. N. J. 3409 from Coimbatore to Salem on 26. 4. 1982 at about 2. 30 a. m. THE driver of the van drove it in a rash and negligent manner and dashed against the lorry T. D. Q 9169 near Nasianoor Pallipalayam Road . Subramanian died in the accident. He was then 32 years old. THE petitioners are his wife, parents and minor daughter. THEy have lost the bread-winner of the family and hence they make a claim for Rs. 2,50,000. THE fourth respondent is the driver of the lorry. THE fifth respondent is the owner of the same and the sixth respondent is the insurer. THE first respondent is the driver of the van belonging to the second respondent under whom the deceased Subramanian was employed.

(3.) ON the above pleadings, the Motor Accidents Claims tribunal held an enquiry and gave a finding that the accident was due to the rash and negligent driving of the first respondent viz. , the van driver and awarded a compensation of Rs. 2,07,000 payable by the respondents 1 to 3 jointly and severally. The tribunal has dismissed the claim petition against the respondent 4 to 6.