UNITED INDIA INSURANCE CO LTD Vs. SUBRAMANI

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 28.11.2003, made in M.C.O.P.No.1041 of 2003, on the file of the Motor Accident Claims Tribunal, First Additional District Court, Dharmapuri at Krishnagiri, awarding a compensation of Rs.2,80,000/- together with interest at the rate of 7.5% per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE second respondent has filed a counter statement and resisted the claim stating that it is not proved that the driver of the first respondent drove the mini bus bearing registration No.TN74 Y8289 in a rash and negligent manner and caused the accident. It is not true that on 08.05.2003, at about 06.00 a.m. the deceased Kuppan was proceeding on his bicycle to paste Cinema wall posters near Forest Bungalow in Salem to Harur main road, at that time, the Toni Travels mini bus bearing registration No.TN74 Y8289 driven by its driver in a rash and negligent manner and at high speed came in the opposite direction and dashed against the deceased Kuppan. As a result of which, the deceased sustained head injuries and died on the spot. On the other hand, it is submitted that the deceased Kuppan abruptly crossed the road from the left to the right side without observing the mini bus coming on the road and driver of the bus in spite of applying the brakes, the deceased Kuppan involved himself in the accident and hence the second respondent is not liable to pay the compensation to the petitioners.