NATIONAL INSURANCE CO LTD Vs. SAROJA

JUDGEMENT

(1.) Heard Mr.Srinivasa Raghavan, learned counsel appearing for the petitioners and Mr.N.Ravishankar, learned counsel appearing for the first respondent in C.R.P.(MD)Nos.731, 732 and 734 of 2008

(2.) The petitioners filed the above Civil Revision Petitions, challenging the orders dated 31.05.2002 made in M.C.O.P.Nos.26, 27 and 97 of 2001, 424, 454, 456 and 459 of 2001 on the file of the Motor Accident Claims Tribunal (Additional District Judge Cum Chief Judicial Magistrate) at Pudukkottai.

(3.) The facts of the case is that on 02.02.2000, at about 07.30 p.m., when the petitioners were travelling in a lorry bearing registration No.TN- 21-X-4802 as load woman along Illupur ? Odukkur Main Road, the driver of the lorry dove the vehicle in a rash and negligent manner and the lorry capsizes near Odukkur. The learned Chief Judicial Magistrate decided that the accident was only due to rash and negligent driving of the Lorry Driver and decided that the Insurance Company is liable to pay the compensation. Against this order, the petitioners filed this revision.