UNITED INDIA INSURANCE CO. LTD Vs. KANNAN

JUDGEMENT

(1.) The appeal filed by the Insurance Company challenging the partial liability fixed on the Insurance Company by the Tribunal to pay 40% of the compensation amount to the claimant.

(2.) On 13.02.2008 at about 3.40 p.m., when the claimant Kannan along his co-worker Babu was riding his bi-cycle to report at his work spot on the Leigh Bazaar-Matha Koil Street, at that time, a lorry bearing Reg.No.KA01-A-6577 rash and negligently dashed against an auto bearing Reg.No.TN 28-Y-6126 and the lorry thereafter lost its balance and hit the claimant's bi-cycle. The claimant sustained sever fracture injury. He was in the hospital for 20 days as in-patient. Therefore, a claim petition for Rs.10,00,000/- was filed initially against the lorry owner. Later, the Insurance company and the driver of the Auto against whom the First Information Report registered for causing accident were impleaded as respondents 2 and 3.

(3.) The Insurance Company specifically defended the case on the ground that the vehicle owned by the first respondent and insured by the 2 nd respondent is not at all involved in the said accident. The accident occurred purely due to carelessness and negligent driving of the auto driver the 3 rd respondent.