NATIONAL INSURANCE CO. LTD. Vs. MUTHIAH THEVAR

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the judgment and decree dated 28.7.2000, passed in M.C.O.P.No.94 of 1993 by the Motor Accident Claims Tribunal (Principal Subordinate Judge), Tenkasi.

(2.) THE appellant is the fourth respondent, respondents 7 to 8 are respondents 1 to 3 and the respondents 1 to 6 are the petitioners before the Tribunal.

(3.) THE case of the petitioners briefly is as follows: On 27.9.1991 at 04.30 p.m., the deceased Arumugasamy was travelling in the vehicle KLY 8935, which belonged to the first respondent before the tribunal. The said vehicle was driven rash and negligent by the driver and it capsized. In that accident, the said Arumugasamy sustained injuries and died on the spot. A case was registered in Crime No.390 of 1991 under Section 304 -A, I.P.C. by Achanpudur Police. So, the parents and all the sisters of the deceased filed this petition claiming a compensation of Rs.1,00,000 before the Tribunal.