NATIONAL INSURANCE COMPANY LTD Vs. R. BAKIYALAKSHMI

JUDGEMENT

(1.) THE appeal is filed by the insurance company challenging the finding of negligence.

(2.) IT is a case where, when the deceased was riding his motorcycle bearing registration No. TN 59 W 5810 from south to north, the other vehicle bearing registration No. TN 74 A 5814 when came in the opposite direction i.e., north to south dashed against the motorcycle. To keep up the left side of the road as per rules, the deceased would have been driving his vehicle on the western side of the road and the other vehicle ought to have been on the eastern side of the road.

(3.) ACCORDING to the contention raised in the counter, it is contended by the insurance company that the deceased attempted to overtake the lorry, which was running in-front of him and only in that attempt, he came to the eastern side of the road and met with an accident and that it is also supported by the evidence of R.W.1. It is true that in the evidence of R.W.1, it is so stated. But, merely because the deceased has attempted to overtake the vehicle, it cannot be contended that he was solely negligent. Overtaking can be an incidence of travelling, but to what extent the deceased had been negligent is the issue to be decided. The driver of the opposite vehicle is also expected to observe the road behaviour of all the passers and he is also expected to be careful even assuming that the deceased attempted to overtake the vehicle. Therefore, this Court finds that the negligence is both on the part of the driver of the opposite vehicle as well as the driver of the two wheeler.