V P MUNUSAMY NADAR Vs. V SENTHILKUMAR

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/third respondent against the Award and Decree, dated 30. 01. 2004, made in M. A. C. T. O. P. No. 1160 of 2001, on the file of the Motor Accidents Claims Tribunal (II Addl. Sub-Judge), Coimbatore, awarding a compensation of Rs. 60,086/- with 9% interest per annum from the date of the petition to till the date of payment of the compensation.

(2.) AGGRIEVED by the above said award, the appellant/v. P. Munusamy Nadar, owner of the van bearing registration No. TN65 A8538 has preferred the above appeal to set aside the order.

(3.) THE short facts of the case are as follows: on 02. 03. 2001, the petitioner was a passenger in the van bearing registration No. TN65 A8538, proceeding from Coimbatore to Madurai and when the van was nearing Perumpallam on the Coimbatore to Dharapuram road, the bus bearing registration No. TN57 N0977, was coming from the opposite direction (Dharapuram to Coimbatore) with highspeed and in a rash and negligent manner dashed against the said van and in the result, the van was thrown out and damaged entirely. The driver of the van sustained serious fatal injuries and died on the spot and two other passengers also died on the spot. The driver of the van had driven the van with due care and following road rules and regulations and only the driver of the bus was solely responsible for the accident. The Kondadam Police has registered a case against the driver of the bus/first respondent in Crime No. 46/2001 under Sections 279, 337 and 304 (A) of I. P. C.