MANAGING DIRECTOR Vs. ANANTHI

JUDGEMENT

(1.) Being aggrieved by the award dated 29.4.2015 passed in M.C.O.P.Nos.102 and 103 of 2013 passed by the Motor Accident Claims Tribunal (Subordinate Judge), Tiruvarur, the appellant has preferred these appeals.

(2.) The appellant is the 1st respondent; the 1st respondent herein are the claimants and respondent Nos.2 and 3 are respondent Nos.2 and 3 in the claim petitions.

(3.) Brief facts which led to the filing of the claim petitions is that on 23.6.2013, the claimants were travelling in the appellant's bus from Thiruthuraipoondi to Kanchipuram. On the way at Kandrakottai village, near check post on 24.6.2013 at 01.15 A.M., the appellant's driver drove the bus bearing registration No.TN-68 N 0344 rashly and negligently and dashed against the trailer lorry bearing registration No.TN-04 AB 8417 coming from the opposite direction which was driven by the second respondent's driver rashly and negligently. The lorry was over loaded by iron materials and the materials were extended over the right side body and both the drivers were liable for the accident. Immediately after accident, the claimants were admitted in Government Hospital, Cuddalore, where they have taken treatment as inpatient for 5 days and 1 month respectively. Thereafter, they have taken treatment at Government Hospital, Tiruvarur and subsequently at various hospitals. Regarding the accident, a criminal case in Crime No.229 of 2013 was registered by Puthupettai Police Station against the drivers of both drivers. Stating that the accident occurred due to rash and negligent driving of the drivers of both the bus and lorry, the 1st respondent/claimants have filed claim petitions claiming compensation of Rs.3,00,000.00 and Rs.5,00,000.00 respectively.