NATIONAL INSURANCE CO, LTD Vs. LALITHAMBAL; MINOR SUDHARSON AND ORS

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 25.02.2008, made in M.C.O.P.No.943 of 2004, on the file of the Motor Accident Claims Tribunal, Additional District Court (Fast Track Court-V), Tirupur at Coimbatore.

(2.) The short facts of the case are as follows:-

(3.) It was submitted that on 27.03.2004, at about 02.45 hours, when the deceased Mani was proceeding in a Qualis car bearing registration No.TN39 S7953, along with others from north to south, on Dindigul-Madurai N.H.7 Main Road and when the vehicle was near Pallapatty Pirivu, the first respondent's bus bearing registration No.KL9 K6351, coming in the opposite direction and driven in a rash and negligent manner, dashed against the car and caused the accident. As a result, the deceased and others had sustained grievous injuries and were admitted at Government Hospital, Dindigul, but in spite of treatment, the deceased and two others succumbed to their injuries. At the time of the accident, the deceased K.Mani was employed as a Clerk and Accountant and earning a sum of Rs.5,800/- per month. Hence, the petitioners had filed the claim petition against the respondents, who are the owner and insurer of the bus bearing registration No.KL9 K6351.