These civil miscellaneous appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 to set aside the judgment and decree passed by the Motor Accidents Claims Tribunal (Sub-Judge), Hosur dated 15.04.1997 made in MACT OP Nos.226, 264, 263, 240, 239, 430, 265, 432, 271, 227 and 431 of 1996 respectively.

Common Judgment The allegations as regards the accident, as contained in all the petitions, in a nutshell, are as follows:-

On 21.06.1991, the petitioner and others were travelling by a tempo bearing Registration No.TN-29 Y-1724 towards Thenkanikottai, Kelamangalam-Parandur Road, near Koottur diversion road, at about 9.00 a.m, since the driver of the tempo vehicle drove the same in a rash and negligent manner, it capsized resulting in the accident by means of which this petitioner and others got injured and some individuals died. Only due to the negligence on the part of the driver, the accident occurred. The first respondent in the claim petition is owner-cum-driver of the vehicle and the second respondent is the insurance company which has insured the vehicle of the first respondent, hence both the respondents are liable to pay compensation to the petitioners