NEW INDIA ASSURANCE CO. LTD. Vs. ANANTHAKUMAR

JUDGEMENT

(1.) ON 08.07.2005, at about 11.45 p.m., when the claimant was travelling in a Kennttar vehicle bearing Registration No.TN -31 -B -9093, on the Thiruvannamalai main road, the thar tanker lorry bearing Registration No.TN -45 -B -5455, driven by its driver in a rash and negligent manner, dashed against a ongoing bus and turned towards the right side of the road and dashed against the Kennttar vehicle in which the claimant was travelling as a cleaner. As a result, he had sustained bone fracture injuries. Hence, he has filed the claim against the respondents.

(2.) THE 2nd respondent / New India Assurance Company had filed a counter statement and resisted the claim petition. The respondent submitted that on 08.07.2005, at about 11.00 p.m., when the driver of the lorry bearing Registration No.TN -45 -B -5455, was driving it by following traffic rules and regulations on the Thiruvannamalai main road, a private bus was proceeding in front of the lorry and on noticing the same, the driver of the lorry applied sudden brakes. As a result, the lorry bearing Registration No.TN -31 -B -1993 driven by its driver in a rash and negligent manner swerved towards the side of the road and consequently dashed against the back side of the Thar tanker lorry. The averments in the claim regarding nature of injuries, medical treatment and disability was not admitted. Further, both the lorries have not been covered under valid vehicular documents.

(3.) ON verifying the averments of all parties, the Tribunal had framed 2 issues namely (1) Whether the 1st and 3rd respondents' drivers have committed the said accident through their rash and negligent driving of the vehicles? and (2) What is the quantum of compensation which the claimant is entitled to get?