ORIENTAL INSURANCE COMPANY LIMITED Vs. NEELAVADHANAM

JUDGEMENT

(1.) THE 1st respondent herein/claimant has filed M.C.O.P.No.11 of 2004, against the appellant herein/National Insurance Company and others, stating that on 19.05.2003, at about 00.45 hours, when the claimant herein was travelling, along with other passengers in the 1st respondent's Tata Sumo Car bearing registration No.TN-04M-4595, on the Ettaiyapuram Main Road, the 4th respondent's van bearing registration No.TN-67Y-6377, coming in the opposite direction and driven in a rash and negligent manner dashed against the Sumo Car. As a result, the claimant herein had sustained grievous injuries. Hence, the claim and has filed claim petition claiming compensation of Rs.4,00,000/- with interest from the respondents.

(2.) THE 2nd respondent/National Insurance Company has filed counter statement and opposed the claim petition. The respondent stated that when the 1st respondent's driver was proceeding on vehicle from Madurai to Tuticorin, the 4th respondent's van coming on the opposite direction and driven at a rash and negligent manner, had dashed against the car. The respondent further stated that the (deceased) John Fleix had driver's the Sumo car in a slow and cautious manner and by observing traffic rules and that at that time, the 4th respondents vehicle driver had driven the van in a reckless manner and dashed against the Sumo Car. Further, 25 persons had travelled in the maxi cab. As such, the 4th respondent had violated the conditions of policy. The respondent further stated that the claim was excessive.

(3.) IN the same accident, other claims have been filed by the injured person viz., Sangeetha, who had filed M.C.O.P.No.137 of 2004, claiming compensation against the same respondents. Hence, joint trial was conducted and common evidence was recorded. For this original petition, the Tribunal had framed the following issues after considering the averments of parties namely: