UNITED INDIA INSURANCE COMPANY LTD Vs. SUNDARAM

JUDGEMENT

(1.) THE appeal is filed by the insurance company challenging the award dated 26. 9. 2000 and made in M. C. O. P. No. 310 of 1999 on the file of the Motor Accidents Claims Tribunal (Principal District Court), Perambalur.

(2.) ON the quantum of compensation, a plea is raised in the appeal memorandum, however, the learned counsel for the appellant now fairly states that such contention is not seriously disputed.

(3.) THE accident in this case occurred on 28. 8. 1999 at about 7. 30 p. m. on National Highways NH 45. The deceased in this case one Ganesan aged about 25 years was travelling on a two wheeler (TVS 50) and proceeding towards Trichy side. When he was nearing a place called Chinnaru Bridge, due to the dazzling light of an oncoming bus, he hit the rear side of a lorry, which was parked on the left side of the National Highway and in that accident, he suffered serious head injury. He was admitted in Perambalur Government Hospital and then on the way to Trichy Government Hospital he died. The accident was witnessed by P. W. 2 Rajendran who stated that he was travelling in another two wheeler (TVS 50) behind the deceased on the fateful day. P. W. 2 Rajendran, the eye witness gave the complaint to the police on the next day i. e. , 29. 8. 1999 at 8. 00 a. m. According to the complaint lodged by the said Rajendran, the deceased Ganesan and Rajendran were travelling on two separate vehicles. When they were proceeding towards Chinnaru at about 7. 00 p. m. and when they were nearing Chinnaru Bridge, a bus which was coming from Trichy was approaching them with dazzling light and thereby the deceased Ganesan and Rajendran could not see the lorry bearing Registration No. TDY 7277, parked on the National Highway on the left hand side. In the complaint, it is stated that the parked lorry did not have a danger light. It is specifically stated in the complaint that because of the dazzling light, Ganesan who was proceeding in the front in his two wheeler dashed against the parked lorry and suffered injury. He was taken to Perambalur Government Hospital and thereafter on the way to the Trichy Government Hospital he died.