NATIONAL INSURANCE COMPANY LIMITED Vs. KUIL AND ORS.

JUDGEMENT

(1.) The appellant in both the appeals are National Insurance Company Limited, Darmapuri and they are the second respondent in MCOP No.1334/2005 and 1335/ 2003 filed under Sec. 163-A of the Motor Vehicles Act on the file of the I Additional District Judge, Motor Accident Claims Tribunal, Dharmapuri at Krishnagiri.

(2.) The respondents in both the present appeals in CMA 1676/2008 and 1677/2008, filed the above claim petitions in MCOP No.1334/2003 and 1335 /2003 respectively seeking compensation for the death of one Selvam @ Selvakumar and one Kannan, who were travelling as a pillion rider in a two wheeler TVS Victor bearing registration No.TN-29-M-3569.

(3.) The brief case of the claimants /appellants in both the claim petitions is as follows. On 6/1/2003, both the deceased Selvam @ Selvakumar and Kannan were travelling as pillion riders in a motor cycle bearing registration No.TN-29-M-3569 on Sennampatti-Morappur road. At about 19.30 hours, while they were nearing Government Girls Higher Secondary School, Morappur, the rider of the motor cycle drove the vehicle rashly and negligently, as a result of which, the motor cycle hit a Tamarind tree and both the deceased were thrown out of the vehicle and died on spot. According to the claimants, the rash and negligent driving of the rider of the two wheeler bearing registration No.TN-29-M-3569 was the cause of the accident and that since he had insured his vehicle with the present appellant, both of them are jointly and severally liable to pay compensation to them.