NATIONAL INSURANCE COMPANY LIMITED Vs. M CHELLATHANGAM

JUDGEMENT

(1.) This civil miscellaneous appeal has been preferred by the appellant-Insurance Company against the award of Rs.7,16,000/- (Rupees seven lakhs and sixteen thousand only) passed by the Tribunal with regard to the death of one Prabhu, aged about 22 years, working as a Driver alleged to be earning a sum of Rs.8,000/- (Rupees eight thousand only) per month, in the accident occurred on 26.01.2012, when he was driving his Bolero Car from Othakadai to Mattuthavani, a Lorry belonged to the second respondent and insured with the appellant-Insurance Company hit against the Bolero Car and caused the accident. Therefore, the claim petition.

(2.) Heard Mr.D.Sivaraman, learned counsel for the appellant - Insurance Company and Mr.N.V.Suresh Kumar, learned counsel for the first respondent / claimant.

(3.) The Tribunal, based on the evidence of P.W.2 - eye-witness and also filing of Ex.P1 - F.I.R., against the driver of the Lorry, found that the accident occurred because of the rash and negligent driving of the Lorry and awarded a sum of Rs.7,16,000/- (Rupees seven lakhs and sixteen thousand only) as compensation and rejected the version of the appellant - Insurance Company that the deceased was under intoxication at the time of accident. In the absence of any proof to refuse the finding with regard to intoxication, the same cannot be set aside. Though an attempt has been made in the appeal that in Ex.P2 - Postmortem Certificate, it has been mentioned that alcohol was found in the stomach, however, a close scrutiny of Ex.P2 - Postmortem Certificate would reveal that it contains only 100 ml., brown colour liquor. Moreover, the accident was occurred on 26.01.2012 and after getting injured, the deceased was admitted in Hospital and in spite of treatment, he died in the Hospital on 29.01.2012 i.e., after three days. Therefore, the contention of the learned counsel for the first respondent - claimant that nothing could be found after three days in the stomach of the deceased is acceptable. Hence, this Court is in agreement with the findings of the Tribunal with regard to negligence and rejection of the version of the appellant - Insurance Company with regard to drunken driving by the deceased.