NATIONAL INSURANCE CO.LTD. Vs. PUSHPALATHA AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant-Insurance Company against the fixing of liability on the driver of the bus insured with the appellant-Insurance Company and awarding a sum of Rs. 10,35,000.00 (Rupees Ten Lakhs and Thirty Five Thousand only) for the death of one K. Rajendran, aged about 35 years, a lorry driver and an agriculturalist, earning about Rs. 8,000.00 (Rupees Eight Thousand only), in the accident occurred on 01.03.2011, when he was riding his two wheeler from south to north, which was hit by the bus driven in a rash and negligent manner coming from north to south side.

(2.) Heard the learned Counsel for the appellant-Insurance Company.

(3.) It is submitted by the learned Counsel for the appellant- Insurance Company that the accident occurred in the middle of the road and therefore, there should be some contributory negligence on the part of the deceased to an extent of 50%. Secondly, he would submit that the complainant was not examined by the respondents 1 to 4/claimants and therefore, the award passed by the Tribunal has to be set aside.