NATIONAL INSURANCE CO. LTD Vs. M.MANI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company as against the Award and decree dtd. 31/8/2017 in M.C.O.P.No.549 of 2011 on the file of the Motor Accidents Claims Tribunal (Additional Special Court), Krishnagiri District.

(2.) The first respondent herein is the claimant before the Tribunal. It is the case of the first respondent that on 9/5/2011 at about 3.30 a.m., when he was driving the bus bearing Registration No.TN-29-N-2077, belonging to the third respondent/Transport Corporation, from Chennai - Bangalore NH Road, near Irunkattukottai and opposite to JM Complex, the said bus hit on the lorry bearing Registration No.TN-22-BT-5728 belonging to the second respondent and insured with the appellant/Insurance Company. The said lorry was parked on the right side of the road without switching on any rear lights so as to caution the motorists riding on the road. In the impact, the first respondent/claimant and several other passengers, who were travelling in the said bus, had sustained grievous injuries. The first respondent/claimant was taken to Government Hospital, Chennai, from where, he was shifted to Apollo Speciality Hospital, Chennai, where he took treatment. It is the further case of the claimant that several operations were performed and his right leg was amputated to save his life. Hence, the first respondent/claimant filed the claim petition as against the owner of the lorry, namely the second respondent herein, insured with the appellant herein, as well as against the third respondent herein (Transport Corporation).

(3.) The claim petition of the first respondent/claimant was resisted by the appellant/Insurance Company by filing counter statement before the Tribunal, stating that at the time of the accident, the lorry was parked on the right side of the road (in mud portion) with proper signal by switching on the rear side light. Further, the driver of the bus was feeling sleepy while driving the bus which resulted in the bus hitting on the rear side of the lorry. In fact, one of the passengers had lodged a complaint as against the driver of the bus, i.e. the first respondent/claimant. Absolutely, there is no contributory or composite negligence on the part of the driver of the lorry, and thus, the appellant/Insurance Company prayed for dismissal of the claim petition.