ORIENTAL INSURANCE CO.LTD Vs. HAJIRA BEGUM

JUDGEMENT

(1.) CHALLENGING the Award (04.12.2009) passed by the Motor Accidents Claims Tribunal (Additional District Judge), Salem, in M.C.O.P.No.1729 of 2005, M/s.Oriental Insurance Company has filed the present Appeal. Respondents 1 and 2 herein are claimants, who are the wife and mother of the deceased Mohammed Esahok @ Esahok respectively. 3rd respondent is the owner of the bus and appellant is the insurer of the bus.

(2.) BRIEF facts are as follows: According to respondents, Mohammed Esahok @ Esahok had died in a motor accident that had occurred on 28.07.2005. It is the case of respondents 1 and 2 that on 28.07.2005, while Mohammed Esahok @ Esahok was travelling in TVS Champ as pillion rider which was driven by one Sultan on the Junction Main Road, near AE Railway Quarters, a bus bearing registration No.TN-30-Z-4599 belonging to the Appellant Insurance Company came from the opposite direction in a rash and negligent manner and dashed against the two wheeler and thus caused the accident, in which Mohammed Esahok @ Esahok, who was travelling as a pillion rider, had sustained injuries and died on the spot itself. The deceased, aged about 29 years at the time of accident, was working as a Lecturer at Wisdom Educational Institute, Dubai and earning Rs.27,000/- per month. He contributed his entire income to the family members. Since the accident had occurred due to the rash and negligent driving of the driver of 3rd respondent bus, insured with the Appellant Insurance Company, respondents 1 and 2 made a claim seeking compensation of Rs.25,00,000/- from the owner as well as the insurer of the bus.

(3.) IT is the main submission of Appellant Insurance Company that in Ex.A-3, Motor Vehicle Inspector's report, damage was noted only on the TVS Champ, namely, "front cross bend" and absolutely there was no damage noted on the bus. Further, criminal case filed as against the driver of the insured vehicle, who was examined as R.W.1, was ended in acquittal. In these circumstances, Tribunal ought to have exonerated the Appellant Insurance Company from its liability in paying compensation, holding that the driver of the bus was no way responsible for the accident.