DIVISIONAL MANAGER NEW INDIA ASSURANCE CO LTD CUDDALORE Vs. DISTRICT SUPERINTENDENT OF POLICE VELLORE DISTRICT

JUDGEMENT

(1.) Being aggrieved by the finding, fixing negligence on the driver of the Mini Lorry bearing Registration No.TN-31-A-5599, insured with the appellant insurance Company and the consequential liability on the Company to pay compensation of Rs.1,32,500/- with interest @ 7.5% per annum, the quantum of the repair charges for the vehicle bearing Registration No.TN 23 G 0164 owned by the first respondent.

(2.) The issue involved in this Appeal is whether negligence can be fixed on the driver of any vehicle involved in the accident on the sole basis of Rough sketch drawn by the police.

(3.) It is the case of the first respondent that on 26.04.2000, about 4.00 P.M, when the Government vehicle Tempo Traveller Van bearing Registration No.TN 23 G 0164 was proceeding on Trichy -Chennai Road near Chinnaru, from south to north, a lorry bearing Registration No. TN-31-A-5599, driven by its driver in a rash and negligent manner, at a great speed collided with a Government vehicle, causing extensive damages to the Government vehicle. The vehicle was surveyed and the damages were assessed and approved by a surveyor. The Surveyor found that the extent of damages was to the tune of Rs.1,32,500/- Claiming damages, the first respondent preferred a claim petition. Disputing the manner of accident, the appellant insurance company submitted that when the lorry bearing registration No. TN-31-A-5599 insured with them was driven slowly, adhering to traffic rules, the driver of the Tempo Traveller Van bearing No.TN 23 G 0164, owned by the Government, driven the vehicle rashly and negligently, resulting in a head on collision. As the tempo traveller van happened to be a police vehicle, a case has been registered against the driver of the lorry. It is also submitted that the assessment of loss suffered by the vehicle, was biased. It is the further case that the Government Surveyor has not given a proper report. In the above said circumstances, the appellant/Insurance Company prayed for dismissal of the claim petition.