S. THANIGAIVEL Vs. MANAGER

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 16.12.2015, made in M.C.O.P.No.52 of 2015, on the file of the I Special District Court, (Motor Accident Claims Tribunal), Tiruvallur.

(2.) The appellant is 1st respondent in M.C.O.P.No.52 of 2015, on the file of the I Special District Court, (Motor Accident Claims Tribunal), Tiruvallur. The respondents 2 to 4/claimants filed the above claim petition, claiming a sum of Rs.9,00,000/- as compensation for the death of one M. Dhansingh Jacab, who died the accident that took place on 01.05.2012.

(3.) According to the respondents 2 to 4, on the date of accident, while the deceased was walking on the extreme left side of the road, the driver of the Tata Indica Car belonging to the appellant, drove the vehicle in a rash and negligent manner and dashed against the deceased and caused the accident. The accident occurred only due to rash and negligent driving by the driver of the Car belonging to the appellant. Hence, the appellant as owner and 1 st respondent as insurer of the vehicle are jointly and severally liable to pay compensation to the respondents 2 to 4.