PONGIAMMAL Vs. R. CHINNARASU

JUDGEMENT

(1.) BEING aggrieved by the fixing 50% contributory negligence against the deceased, while computing the Compensation awarded, legal representatives of the deceased have preferred this Appeal. Except the above, there is no other challenge.

(2.) IT is the case of the Appellants/Claimants that on 23.7.2006, about 5.30 a.m., the deceased, Ponnusamy, was riding his Bicycle, from South to North and while turning towards the Est, and entering Perundurai -Erode road, near the Treasury Office, a Bus bearing Registration No.PY -01 -Z -8799, coming from East to West, driven a rash and negligent manner, knocked him down and that he sustained grievous injuries. Though he was rushed to KMC hospital, Perundurai, he died on the way to the hospital. In this regard, a case in Cr.No.456 of 2006, has been registered against the Driver of the abovesaid Bus, for offences under Section 279 & 304 -A, I.P.C., on the file of Perundurai Police Station. At the time of accident, the deceased was stated to be aged 60 years. He was engaged in weaving and agriculture, earned Rs.10,000/ - per month. Legal representatives, wife and three daughters, have claimed Compensation of Rs.10,00,000/ -.

(3.) THE National Insurance Company Ltd., Salem, Third Respondent herein, in its Counter Affidavit, has submitted that the place of accident has been mentioned as the middle of the Tar road. The deceased, who came from South to North, from a cut road, had entered National highways Road, without following the Rules and Regulations, fell down on the road and invited the accident. According to them, the deceased, while entering National Highways road, ought to have waited on the left side of the road and only after confirming that there were no vehicles, from both sides of the road, Perundurai to Erode and vice versa, he should have cross the main road. Therefore, they have contended that the deceased, who had failed to follow the Traffic Rules, invited the accident, for which, the Driver of the Bus, Insured with them, cannot be held negligent and consequently, liability cannot be fastened on them.