CANARA BANK Vs. RADHA
LAWS(MAD)-2019-9-170
HIGH COURT OF MADRAS
Decided on September 10,2019

CANARA BANK Appellant
VERSUS
RADHA Respondents

JUDGEMENT

R.HEMALATHA,J. - (1.) The appellant, M/s Canara Bank with its branch office at Dharmapuri have filed the present appeals under Section 173 of the Motor Vehicles Act questioning their liability to pay compensation to the claimants in MCOP No.312, 313 and 314 of 2003 on the file of the District Judge, Motor Accident Claims Tribunal, Dharmapuri.
(2.) The claimants in the above said MCOPs are the legal heirs of the deceased Puddan @ Chinnasamy, Munusamy and Veerakaran. All the three deceased were working as load men under Mr.T.Mathaiyan (5th respondent in CMA 3490/2006, 7th respondent CMA 3491/2006 and 4th respondent in CMA 3492/2006).
(3.) The case of the claimants is that on 31.12.2002, when the tractor- trailor belonging to T.Mathaiyan were brought to transport sand from the Karthanur river to the land of the said T.Mathaiyan, the three deceased load men, who were extracting sand from the river bed were buried under same, due to the negligence of the driver of tractor, who had moved the vehicle nearer to a heap of sand causing the accident. The tractor tailor were hypothecated with the present appellant. Though the tractor-trailor were initially insured with M/s United India Insurance Company Limited (6th respondent in CMA No.3490/2006, 8th respondent 4 of in CMA No.3491/2006 and 5th respondent in CMA No.3492/2006), the same was not in force on the date of accident.;


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