NATIONAL INSURANCE CO LTD Vs. MUTHULAKSHMI

JUDGEMENT

(1.) THE insurer, disputes the award of the Tribunal on the question of negligence as well as quantum.

(2.) ACCORDING to the learned counsel for the appellant, the Tribunal took the income Rs.3,000/-p.m, as stated by the petitioner. However, also added Rs.2,000/-p.m, and made it Rs.5,000/- p.m. This is not warranted and this has resulted in granting them excess compensation. There is no written proof even for the said Rs.3,000/- p.m.

(3.) FIRST, we shall see the negligence question. On 30.05.1999, at about 5.15 p.m., deceased Rayamuthu @ Rayappan when driven the van TN-45-V-8722 from east to west, the van TN-28-X-8166 belonging to the 6th respondent came behind him and dashed against Rayappan's van. The F.I.R. has been lodged by P.W.3-Kumar. P.W.3 has been examined as eye witness. P.W.3 had stated that the deceased was driving the van on the left side corner, the driver of the 6th respondent came driven the van behind the Rayappan's van in a rash and negligent manner and it hit on the preceeding van, thus, the accident took place. The same also has been stated in Ex.P1 F.I.R. As against this positive evidence, there is no contra evidence. In the circumstances, the Tribunal has found negligence on the part of the driver of the van belonging to the 6th respondent. In the circumstances, we concur with this finding.