UNITED INDIA INSURANCE COMPANY LIMITED Vs. SUBRAMANIAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is directed against the award of the Motor Accidents Claims Tribunal (Additional Sub Judge), Virudhachalam dated 02.08.2001 made in M.A.C.T.O.P.No.223 of 1999.

(2.) THE first respondent herein preferred a claim under Section 166 of the Motor Vehicles Act against the appellant herein and the second respondent herein claiming a sum of Rs.1,00,000/- as compensation for the injuries allegedly sustained by him in a road accident that took place on 15.01.1999 at about 9.30 p.m. near Seppakkam Colony within the jurisdiction of Veppur Police Station, Cuddalore District. According to the petition averments, he was travelling as a loadman in the first respondent's Mini Lorry bearing Registration No.TN59/F-0270 on 15.01.1999 from Chennai to Veppur and the said lorry dashed against a road side tree at about 9.30 p.m. near Seppakkam Colony as the driver of the said mini lorry drove it rashly and negligently. Contending that he sustained multiple injuries leading to permanent disability, the petitioner had made the claim against the appellant and the second respondent herein in their capacities as insurer and owner of the said vehicle respectively.

(3.) FOUR other persons who are also injured in the said accident also preferred similar claim petitions in M.A.C.T.O.P.Nos.222 of 1999, 224 of 1999, 292 of 1999 and 293 of 1999. All the above said four MCOPs were also tried along with M.A.C.T.O.P.No.223 of 1999. Common evidence was let in and a common judgment was pronounced in all the 5 cases. Totally 6 witnesses were examined as P.W.1 to P.W.6 and Ex.A.1 to Ex.A.15 were marked on behalf of the petitioners in all the five MCOPs. On behalf of the second respondent (the appellant herein) in all the five MCOP, one witness was examined as R.W.1 and five documents were marked as Ex.B.1 to Ex.B.5.