NATIONAL INSURANCE CO LTD Vs. M JAYAGANDHI

JUDGEMENT

(1.) BEING aggrieved by the order of Motor Accident Claims Tribunal, Sub Court, Villupuram in MCOP No.33/1997, apportioning 50% liability on the Insurance Company for the death of car driver Murugaiyan, the Insurance Company has preferred this appeal.

(2.) BRIEF facts which are necessary for disposal of this appeal are as follows: - The deceased Murugaiyan was working as a driver in Ambassador Car bearing Registration No.TCF 1440 which is owned by the fifth respondent. On 14.06.1998, Murugaiyan was driving the car for a trip to Madras along with one Subramaniya Reddiar. While the car reached near Padira Puliyur Cross Road, in Madras - Trichy Road, Transport Corporation bus bearing Registration No.TN 32 N 0357 driven in a rash and negligent manner and dashed against the car. The car was crushed and driver Murugaiyan and occupant Subramaniya Reddiar died on the spot. Alleging that the accident was due to rash and negligent driving of bus driver and stating that the Insurance Company, with whom the car was insured, are liable to pay the compensation, wife, daughter and mother of deceased Murugaiyan have filed Petition under Section 166 M.V.Act, claiming compensation of Rs.3,00,000/ -.

(3.) IN the Tribunal, first claimant examined himself as PW -1 and eye -witness was examined as PW -2. Exs.P -1 to P -3 were marked. On the side of Corporation, driver of the bus was examined as RW -1. Appellant Insurance Company has not adduced any evidence.