M CHENNIAPPAN Vs. S ANANDHA BHARATHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant to fix 40% liability on the respondents 3 to 5 herein in the Judgment and Decree dated 29.11.2002 made in M.C.O.P.No.7 of 2001 on the file of the Motor Accident Claims Tribunal / Principal Sub Court, Erode.

(2.) The brief facts of the case are as follows:

(3.) According to the respondents, the Lorry in question is bearing Registration No. KL-13-7286. The second respondent is the owner of the said vehicle, which was insured with the third respondent / United India Insurance Co., Ltd., and it was driven by the driver / first respondent, who tried to overtake the Tempo Van bearing Registration No. TN-33-U-0285 in the wrong side of the road and dashed against on coming vehicle in the opposite side the Tempo Van. The fifth respondent is the owner of the said Tempo Van and it was driven by its driver / fourth respondent, which was insured with the sixth respondent / The New India Assurance Co., Ltd. The first respondent / driver lost his control and dashed against the deceased who traveled in the Van bearing Registration No. TN-57-A-2835, which was owned by the eighth respondent, which was driven by the seventh respondent.