NEW INDIA ASSURANCE CO LTD Vs. V MOHANRAJ

JUDGEMENT

(1.) THE appellant/ Insurance Company disputes its liability under the award since the driver of the insured bus is not liable for the accident.The learned counsel for the appellant would contend that the averments in the petition and the evidence would show that at the time of accident, the rider of the bike drove it in a rash and negligent manner and dashed on the rear side of the bus and caused the accident.

(2.) HE has also contributed to the accident. Thus 50% of the blame should be put on him. Accordingly, the compensation amount is required to be reduced.On the other hand, the learned counsel for the 1st respondent would submit that the evidence positive on record would clearly show that the bus driver alone was at fault.

(3.) ON 06.10.2003, at about 11.30 a.m., on the Coimbatore Satyamangalam Main Road near Ramakrishna Mill, the road accident took place. At that time, the 1st respondent was riding his motor-cycle keeping the pillion-rider Sivakumar, at that time, the bus belonging to the 3rd respondent insured with the appellant came driven by the 2nd respondent. So, two vehicles are involved.