UNITED INDIA INSURANCE COMPANY LTD Vs. RAMAMURTHY

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / Insurance Company, against the award and decree dated 30.04.2004 made in M.C.O.P.No.472 of 2001 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Villupuram.

(2.) THE short facts of the case are as follows: On 12.04.2001, the petitioner had driven the bus from Madras to Villupuram on the G.S.T.Road and at about 11 o' clock, a lorry bearing Registration No.TN-20-Y-7005, driven by its driver at a high speed and in a rash and negligent manner came in the opposite direction and dashed against the bus. As a result of this collision, the petitioner sustained grievous injuries. Immediately he was taken to Government Hospital, Tindivanam, for preliminary treatment. THEreafter, he had undergone treatment at Vijaya Hospital, Chennai. Hence the Claim Petition had been filed against the respondent for compensation of a sum of Rs.12 Lakhs with interest. THE second respondent / United India Insurance Company had filed a counter statement and resisted the Claim Petition. THE respondent denied that the driver of the lorry had committed the accident in a rash and negligent manner. THE respondent further stated that in the said accident both vehicles had been involved. As such he had stated that there was also contributory negligence on the part of the driver of the Tamil Nadu State Transport Corporation bus. THE respondent also denies the age, income and occupation of the petitioner and has stated that the claim is excessive.

(3.) AGGRIEVED by the said award, the appellant has filed the above present appeal.