ORIENTAL INSURANCE CO.LTD. Vs. VASANTHI

JUDGEMENT

(1.) IT is disheartening to note that two deaf and dumb children lost their father who would have safeguarded these special children during his lifetime. Father of the respondent Nos. 2 and 3 served as conductor and he died in the accident occurred on 26.1.1995. The deceased Senthamaraikannan, 36 years, was working as a conductor in the respond -e 1: No. 5's transport bus on 26.1.1995. When the bus tried to overtake a lorry, it got dashed with the left back side of the lotry resulting in many passengers sustaining injuries and some of them died. The conductor was taken to Government Hospital, Chengalpet, then referred to Porur Ramachandra Hospital, where in spite of treatment he died on 1.2.1995. Therefore, the claim petition was filed against the appellant and others including the transport Corporation. The claim petition was resisted by the appellant as well as the transport Corporation.

(2.) ON inquiry the Tribunal found that the accident occurred because of negligent driving of both the transport bus as well as I the lorry and awarded a sum of Rs. 4,00,000 las compensation. Aggrieved by that, the insurance company has filed the appeal.

(3.) BASED on the evidence, the Tribunal decided that the accident occurred because of the contributory negligence of both the drivers. PW 2 is an eyewitness. A perusal of PW 2's evidence would show that the drivers of the lorry as well as transport bus drove their respective vehicle racing with each other and attempted to overtake each other. In that process, both the lorry and the bus dashed on their sides resulting in accident. Even in the cross -examination by the appellant insurance company as well as the transport Corporation, PW 2 categorically stated that both drivers were responsible. Therefore, the Tribunal rightly concluded that the accident occurred because of negligence of both the drivers of transport Corporation bus as well as the lorry. Since the finding is based on the evidence, the same cannot be interfered with.