LAWS(MAD)-2018-10-534

A PALANIYANDI Vs. K MOOKKAN

Decided On October 26, 2018
A Palaniyandi Appellant
V/S
K Mookkan Respondents

JUDGEMENT

(1.) All these appeals are at the instance of the claimants in MACTOP.Nos.4266 to 4280 of 2014. All these claim petitions arouse out of one accident, hence they were tried together, and disposed of by a common judgment by the Motor Accident Claims Tribunal, (IV Judge Court of Small Causes), Chennai.

(2.) The case of the claimants before the Tribunal was that several persons had travelled in a TATA ACE Van bearing registration No.TN-55-AB-2671 from Velur Village to Ananthur Village, Thottiapatti, Trichy District. The said vehicle which is a goods vehicle capsized due to the rash and negligent driving of its driver resulting in death as well as grievous injuries to the occupants of the vehicle. Claiming that the accident occurred only due to the rash and negligent driving of the driver of the goods vehicle in which the deceased as well as the injured were travelling, the claimants sought for various amounts as compensation.

(3.) The 2nd respondent Insurance Company was impleaded as insurer of the goods vehicle and it was claimed that the insurer is liable to satisfy the awards. The owner of the goods vehicle who was arrayed as 1st respondent remained exparte.