SHRIRAM GENERAL INSURANCE COMPANY LIMITED Vs. NIROSHINI

JUDGEMENT

(1.) The appellant has filed this appeal challenging the award passed in MCOP No.518 of 2018, dtd. 13/3/2020, by the Motor Accident Claims Tribunal, Special District Court, Krishnagiri, awarding compensation to the claimants.

(2.) The facts reveal that, on 2/7/2017, the deceased Harish Babu had driven his Access 125 Scooter bearing Reg.No.TN-21-AF-6364 on the left side of the road on Vellore to Polur Road towards Polur. At 3.20 p.m., while the deceased was proceeding near Ettivadi bus stop, the driver of a TATA ACE vehicle, bearing Reg.No.AP-03-X-7920 belonging to the 5th respondent and insured with the appellant, has driven the same in a rash and negligent manner, at a high speed in the opposite direction from Polur side towards Vellore, without noticing the vehicles coming in the opposite direction, and all of a sudden, he overtook one ongoing lorry and hit against the Scooter of the deceased and pedestrians. In the said accident, the deceased and the pedestrians sustained grievous injuries. Immediately, both the deceased and the pedestrians were taken to the Polur Govt. Hospital. The Doctors of Polur Government Hospital had referred the deceased to Govt. Medical College and Hospital, Vellore for higher treatment. But due to the fatal injuries on the vital organs of the deceased, he died on the way to the Vellore Hospital. The said accident had occurred due to the rash and negligent driving of the driver of the TATA ACE vehicle. Considering all the oral and documentary evidence, the Tribunal fixed the negligence on the part of the driver of the TATA ACE vehicle and fastened the liability upon the appellant / Insurance Company with whom the said vehicle was insured. Aggrieved by the said order, the appellant /Insurance Company has preferred this appeal.

(3.) Heard Mr.S.Dhakshinamoorthy, learned counsel appearing for the appellant and M/s.SP.Yuvaraj, learned counsel appearing for Caveator R1 to R4.