NEW INDIA ASSURANCE CO LTD Vs. SANTHI

JUDGEMENT

(1.) The appellant herein/Insurance Company has filed this appeal challenging its liability in payment of compensation.

(2.) Respondents 1 to 3 herein are the legal heirs of the deceased Vijayakumar. The first respondent is the wife of the deceased, second respondent is the son of the deceased and the third respondent is the daughter of the deceased Vijayakumar. They have filed a claim petition in M.C.O.P.No.114 of 2002 before the Motor Accidents Claims Tribunal (Subordinate Judge), Gudiyatham, Vellore District.

(3.) It is the case of the claimants that on 16.01.2001, at 1.30 p.m., the deceased Vijayakumar was travelling in the Van bearing Registration No.TN-23-D-1530 as a Cleaner and when the Van reached near Keilmuttukur Village, Van driver drove the same in a rash and negligent manner and the van capsized. The accident was due to the rash and negligent driving of the driver of the van. First respondent before the Tribunal is the owner of the van and the second respondent before the Tribunal is the insurer of the van. It was alleged that the respondents before the Tribunal are jointly and severally liable to pay compensation to the claimants.