NEW INDIA ASSURANCE CO. LTD. Vs. SAKUNTALA

JUDGEMENT

(1.) ON 02.05.1990, at about 03.30 p.m., when the deceased Kannan was proceeding on a bicycle on the Timiri Kalavai Road, along with one Ramu, the bus bearing registration No.TOH -959, driven by its driver in a negligent manner, dashed against the deceased Kannan. As a result, he sustained injuries and succumbed to it. Hence, the claim petition had been initiated by the legal heir of the deceased against the owner and insurer of the bus.

(2.) THE Insurance Company had filed a counter statement and resisted the claim petition. The averments in the claim that the accident had been caused by the driver of the bus was not admitted. Actually, the deceased had committed the said accident due to his own negligence. The bus had not been covered by valid vehicle documents to operate on the public road. The driver of the bus did not possess a valid driving licence. The respondent further denied the averments in the claim regarding age, income and occupation of the deceased.

(3.) ON the side of the claimants, three witnesses were examined and two documents were marked namely F.I.R., Postmortem Certificate. On the side of the respondent, one witness was examined and no document was marked.