NEW INDIA ASSURANCE CO LTD Vs. ASHWATHAMAN

JUDGEMENT

(1.) The above Civil Miscellaneous appeals are filed by the Insurance company who is the 2nd respondent before the Tribunal against the Judgment and Decree made in M.C.O.P.Nos.361/2008, 362/2008. 363/2008, 364/2008. 365/2008. 366/2008, 367/2008 and 368/2008 dated 08.10.2010, on the file of Motor Accidents claims Tribunal, Subordinate Judge, Udumalpet.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 20.08.2008, while the deceased persons were proceeding in a Maruti Omni van bearing Registration No.TN-07-F-2711 from Balamangalam to Karattuvalasu to attend temple festival and as they were returning home at about 145 p.m., while coming near Ramalingam Thottam, the Maruti Omni Van Bearing Registration No. TN-07-F-2711 was followed by a Ambassador Car and at that time the 1st respondent-bus bearing Registration No.TN-57-X-7755 came at high speed in South-North direction and as the Maruti Omni Van was over taking a bullock cart, the 1st respondent bus dashed against the van, resulting in the death of eight persons. According to the petitioners/claimants, while the deceased were returning in the above said Maruti Omni van, as the driver of the van attempted to overtake a bullock cart going ahead of them, the 1st respondent bus came at high speed in the opposite direction and dashed against the said Maruti Omni van, resulting in the occurrence. The accident occurred due to the negligence of the 1st respondent bus driver only. The Police registered case against the Maruti Omni van driver only and all the passengers in the Maruti Omni died in the occurrence. The said Maruti van belongs to the 3rd respondent and the same was insured with the 4th respondent. The 1st respondent is the owner of the offending vehicle (Bus) and the 2nd respondent is the insurer of the said vehicle. Thus, the petitioners/claimants contends that the accident occurred due to the negligence of the 1st respondent bus driver only and sought for compensation from the respondents 1 to 4. The Petitioners/claimants have sought for a compensation of Rs. 10,00,000/- in MCOP.Nos.361/2008, 362/2008, 363/2008, 365/2008, 366/2008, 367/2008, 368/2008 and 364/2008.

(3.) On the other hand, opposing the claim of the petitioners/claimants, by filing counter, the 2nd respondent/Insurance Company contends that the accident did not occur in the manner alleged by the petitioners/claimants. The driver of the 1st respondent bus is no way responsible for the accident. As the negligence of the 3rd respondent - Maruti Omni vehicle driver alone caused the accident, the 2nd respondent/Insurance Company is not liable to pay any compensation. The Maruti vehicle in which the deceased persons travelled was insured with the 4th respondent and the said Insurance Company alone is liable to pay the compensation. The claim of the petitioners/claimants is highly excessive. Thus, the 2nd respondent/Insurance Company seeks dismissal of all the petitions.