NEW INDIA ASSURANCE CO. LTD. Vs. CHITRA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred by the insurer of one of the two vehicles involved in a road accident that took place on 24.08.2002, challenging the award passed in MCOP.OP.No.135 of 2003 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Court), Gobichettipalayam.

(2.) On 24.08.2002 at about 10.30 p.m. one Venkatachalam was travelling in the cabin of a mini door auto, a goods vehicle, along the Salem - Sankagiri Highway, and it collided with a stationary lorry bearing registration No.TN-L-7441 insured with the appellant. In the said accident Venkatachalam died leaving him surviving his young wife aged 25 years with three little children and also his parents. They approached the Claims Tribunal seeking a total claim of Rs.7,19,000/-, as against which the Tribunal granted an award of Rs.5,61,000/-. The accident has taken place at night on a highway. As the evidence on record indicated that the stationary lorry was without parking lamps, the Tribunal apportioned the negligence equally on the drivers of both the vehicles and accordingly it directed the owners of both the vehicles and their respective Insurance Companies which includes the insurer of the lorry, the appellant herein to meet the liability equally.

(3.) The learned counsel for the appellant vehemently argued that the Tribunal has egregiously erred in apportioning the negligence equally on both the drivers. Admittedly, the accident had taken place on the highway and but for the negligence of the driver of the auto in which the deceased had travelled, the accident would not have taken place. In other words, the driver of the auto had the best opportunity to avoid a potential collision if only he had taken necessary precaution. To sum up, the learned counsel would argue that the percentage of the negligence of the auto driver should be increased by a reasonble extent and the liability of the insurer to pay the compensation should be reduced to that extent.