A loadman of a lorry bearing Registration No.PY01-4303 died when it capsized. The accident had taken place on 05.06.1994 and the facts as disclosed by the evidence is that the lorry was being driven rashly and negligently and when the driver of the lorry attempted to negotiate a tractor belonging to the seventh respondent it capsized. Ext.A-1, FIR discloses the said fact and it was lodged against the driver of the lorry. He has also admitted his guilt in the criminal case.
2.Seeking a total compensation of Rs.2,50,000/-, the legal representatives of the deceased loadman approached the Tribunal and the Tribunal has passed an award of Rs.1,97,800/- payable with interest @ 9% per annum. The Tribunal while passing the said award fastened the liability equally on all the four respondents (owners of both vehicles (lorry and tractor) and their respective insurance company). Challenging the liability fastened on it, the Insurance Company of the tractor has come forward with this appeal.
3. The only point advanced by the learned counsel for the appellant was that the Tribunal was wrong in fastening the liability on the owner of the tractor and its insurer when it entered a finding that only the driver of the lorry was negligent.
4. On perusing the material papers, this Court is satisfied as to the correctness of the statement made by the learned counsel for the appellant and accordingly the owner of the lorry and its insurance compnay alone should have been found liable to pay the compensation. However, given the fact that the accident had taken place some 22 years from now, this Court deems it appropriate to let the claimants receive 50% of the compensation amount deposited by the appellant in the court. The appellant is permitted to proceed against the owner and insurance company of the lorry in question for realising the amount it had parted with.
5. The appeal is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed.
02.01.2017 (2/2) ds Index : Yes/No Internet : Yes/No To:
1.The Motor Accident Claims Tribunal Additional District and Sessions Court, Fast Track Court No.II, Tindivanam.
2.The Section Officer VR Section, High Court, Madras.
N.SESHASAYEE,J ds C.M.A.No.3137 of 2003 02.01.2017