NATIONAL INSURANCE COMPANY LTD Vs. A. DHANAPAL

JUDGEMENT

(1.) THE claimant was travelling in the Mini Tempo bearing Registration No.TN 34 A 9455 along with power looms, on the Kozhikalnatham Main road and at that point of time, the Transport Corporation Bus bearing Registration No.TN 27 N 0636, coming in the opposite direction and at that time, the driver of the Mini Tempo lost his control and dashed against the bus. As a result, he had sustained injuries. Hence, the claim has been filed against the owner and insurer of the tempo.

(2.) THE Insurance Company had filed a counter statement and resisted the claim petition. The respondent submitted that the driver of the tempo had not committed the said accident and that it had been committed by the rash and negligent driving of the bus. Further, the tempo is a goods carrier in which the petitioner had travelled as a passenger. As such, the policy conditions of Insurance had been violated. In the said accident, two vehicles had been involved and as such, the Transport Corporation is a necessary party.

(3.) ON the side of the claimant, three witnesses were examined and 16 documents were marked as Exhibits namely: F.I.R.; Motor Vehicle Inspector's report; Accident register; Charge sheet; Judgement copy; Hospital records; Medical bills; Salary Certificate; X ray; and Disability Certificate. On the side of the respondent, two witnesses were examined as RW1 and RW2, who are attached to the R.T.O. and Insurance Company respectively and 3 documents were marked namely: R.C.Book; Policy Copy and Claim Form.