FUTURE GENERALI INDIA INSURANCE CO. LTD Vs. MANIVANNAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Appellant/ Insurance Company against the Judgment and Decree, dtd. 23/1/2020 made in M.C.O.P. No.222 of 2018 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate's Court, Dharmapuri.

(2.) The Appellant/Insurance Company is the 2nd Respondent in M.C.O.P. No.222 of 2018 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate's Court, Dharmapuri. The 1st Respondent filed the said Claim Petition claiming a sum of Rs.60,00,000.00 as Compensation for the injuries sustained by him in the accident that took place on 27/5/2017.

(3.) According to the 1st Respondent, on the date of accident i.e., on 27/5/2017 at about 5.00 a.m., while he was on duty as Conductor in 3rd Respondent Bus bearing Registration No.TN-29-N-2619 and when the Bus was proceeding at PMP Mill near Palayampudur Junction on Dharmapuri to Salem Main Road, the Driver of the Lorry belonging to the 2nd Respondent bearing Registration No.HR-55-N-5810, who was proceeding in front of the Bus, drove the same in a rash and negligent manner, while trying to overtake a Container Lorry, suddenly turned right hand side and stopped the Lorry, due to which, the Bus in which the 1st Respondent was working as a Conductor, dashed against the Lorry and caused the accident. In the accident, the driver of the Bus viz., Murugesan died and 1st Respondent, who was seated on the left side of the Bus Driver, sustained grievous injuries all over the body. Therefore, the 1st Respondent has filed the above Claim Petition claiming Compensation against the 2nd Respondent, Owner of the Lorry and Appellant/Insurance Company, Insurer of the said Lorry.