ORIENTAL INSURANCE CO LTD , GUDIYATHAM Vs. DEVI

JUDGEMENT

(1.) Aggrieved over the finding of the Tribunal dated 29.02.2012 made in MCOP.Nos.190, 224 and 235 of 2007 and MCOP.No.92 of 2008 on the file of the Motor Accident Claims Tribunal/(Subordinate Judge), Gudiyatham, the second respondent-Insurance Company filed these present appeals seeking to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 102.2007 at about 6.45 a.m., while the deceased and petitioners in MCOP.No.235 of 2007 and MCOP.No.92 of 2008 were travelling as passengers in a bus bearing Registration No.KA-08-A-4777 from V.Kotta to K.G.F in Kppam Road, near Sandha Gatta Cross, the Lorry bearing Registration No.AP-02-W-1564 owned by the first respondent and insured with the second respondent came at high speed in the opposite direction dashed against the passenger bus resulting in the death of one Srinivasan(MCOP.No.190 of 2007), Kalaivani(MCOP.No.224 of 2007) and injuries to the petitioner in MCOP.No.235 of 2007 and to the minor petitioner in MCOP.No.92 of 2008. The petitioners state that the rash and negligent driving by the first respondent lorry driver alone caused the accident.