M LATHA Vs. T C MALLESWARA RAO

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed by the lower Court in M.CO.P. No. 1910 of 2001 dated 12.12.2003.

(2.) The appellants are the claimants before the lower Court. The respondents figured as respondents before the lower Court.

(3.) The case of the claimant before the lower Court stated in brief as follows: On 23.10.2000 at about 11.50 hours, the deceased was riding on a motor cycle bearing registration No. TN-02-A-1816 inside the Harbour, Pandaga Salai to T.W.O.H Civil Division. While he was proceeding near west Quay-3, the articulator Lorry bearing registration no. MP-23-DA-5095 which was driven in a rash and negligent manner came along West Quay-3, in the east to west direction and dashed against the motor cycle due to which the rider sustained fatal injuries and pillion rider also sustained injuries. The accident is solely due to the rash and negligent driving of the articulator lorry bearing registration no. MP-23-DA-5095. Hence, the 1st respondent as owner of the said lorry and the second respondent as its insurer are jointly and severally liable to pay compensation to the petitioner at Rs. 22,00,000/- with subsequent interest and costs.