K NALLIANNAN Vs. SARASWATHI

JUDGEMENT

(1.) THIS appeal is preferred against the award passed by the lower Court in M.C.O.P. No: 767 of 1993 dated 23.04.1998 by the aggrieved respondents 5 and 6.

(2.) THE brief facts submitted by both the parties before the lower Court are as follows:-

(3.) LEARNED counsel for the appellants / respondents 5 and 6 would submit in his arguments that the lower Court has seriously erred in fastening the liability against the respondents 4 to 6 which is not in accordance with law. He would further submit that the lower Court has come to the conclusion that the accident occurred due to the rash and negligence on the part of 1st respondent and therefore, it should have fixed the liability against the respondents 1 and 2 and their insurer the 3rd respondent alone. He would also submit that the direction given to the respondents 4 to 6 by the lower Court to pay the award amount along with respondents 1 to 3 was wrong on the face of it and, therefore, the appeal has to be allowed setting aside the award passed against the respondents 4 to 6.