ORIENTAL INSURANCE CO. LTD. Vs. ARICHANDRAN

JUDGEMENT

(1.) The fifth respondent before the Tribunal is the appellant herein. In the appeal, the Insurance Company challenge the award made in M.C.O.P.No.243/2013 on the file of Motor Accident Claims Tribunal, Krishnagiri on the ground of negligence, quantum and liability.

(2.) The respondents 1 to 3 herein are the legal heirs of Krishnan, driver of the car, who died in the accident. They filed M.C.O.P.No.243/2013 before the Tribunal claiming compensation by alleging that the deceased Krishnan was driving the car bearing registration No.TN 24 H 4142 from Erode towards Rayakottai after dropping the party at Erode. While he was proceeding in between Palacode to Rayakottai near Sarkar Thope Bridge, the driver of the lorry bearing registration No.TN 39 Z 6899 drove the same in a rash, reckless and negligent manner, at an uncontrollable speed, who was coming from Rayakottai side and proceedings towards Vellisandhai side lost control and dashed on the car approaching from opposite corner resulting in the accident. The said driver of the car sustained fatal injuries to his vital organs and died on the spot.

(3.) The owner of the car has lodged Ex.P1 FIR and he has stated the accident has happened as driver of car was driving without sleep. The Insurance Company of the lorry, before the trial Court, has contended that the accident has taken place due to the rash and negligent driving of the driver of the car namely the deceased Krishnan and hence neither the lorry owner nor the Insurance Company namely respondents 2 and 3, before the Tribunal are liable.