BRANCH MANAGER Vs. SAGADEVAN

JUDGEMENT

(1.) The Divisional Manager, National Insurance Company Limited, Chennai has filed the present appeals under Section 173 of the Motor Vehicle Act, 1988 questioning the liability, fastened on them by the tribunal, to pay compensation to the claimants.

(2.) The claimants filed their respective claim petition under Section 166 of the Motor Vehicles Act before the Motor Accident Claims Tribunal, Krishnagiri seeking compensation for the injuries sustained by them in a road accident that took place on 13.09.2003.

(3.) The brief case of the claimants is as follows. On 13.09.2013, all the claimants were travelling in a Bajaj Mini Door auto bearing registration No.TN-29-K-5350 on Papparappatti-Old Darmapuri road, after loading articles. At about 5.30 a.m, the mini door auto was nearing Kadakattur Junction road and since the driver of the mini door auto belonging to the second respondent drove the vehicle rashly and negligently, mini door auto capsized and the claimants sustained injuries. According to the claimants, the rash and negligent driving of the driver of the mini door auto bearing registration No. TN-29-K-5350, belonging to the 2nd respondent was the cause of the accident and that since the said mini door auto was insured with the present appellant, the National Insurance Company Limited, Guindy, Chennai, they are jointly and severally liable to pay compensation to the claimants.