NEW INDIA INSURANCE CO LTD Vs. SANTHAMANI

JUDGEMENT

(1.) AGGRIEVED against the award of compensation and apportionment of 50% of the liability to the Insurance Company, Insurance Company has preferred this appeal. For convenience, parties are referred as per their array in the claim petition.

(2.) BRIEF facts brought out in the claim petition are as follows :- On 12. 12. 1996, at about 4. 30 p. m. , petitioner Santhamani was travelling in a van bearing registration no. TAM 1177 owned by the second respondent and insured with the appellant/third respondent. The van was driven in a rash and negligent manner. The State Transport Corporation bus owned by the fifth respondent bearing registration no. TCB 2757 driven by the fourth respondent in a rash and negligent manner came in the opposite direction and both the vehicles collided against each other, as a result of which, passengers in the van and the petitioner Santhamani sustained grievous injury along with others. The petitioner sustained fracture injury in her right hand. After the accident, the petitioner was admitted in Sri Ramakrishna Hospital, Coimbatore where surgery was conducted on the right humerous bone and she continued as in-patient till 16. 12. 1996 and thereafter, she continued treatment as out patient. Criminal case was registered against the van driver in Cr. No. 633/1996 of Puliyampatti P. S. Alleging that the accident was due to rash and negligent driving of both drivers, the petitioner filed claim petition claiming compensation of Rs. 2,30,000/ -.

(3.) DENYING the averments in the claim petition, third respondent Insurance Company has filed counter affidavit contending that the accident was due to rash and negligent driving of driver of bus TCB 2757 and Insurance Company is not liable to pay compensation. It was also contended that the driver of the van TAM 1177 had no valid licence at the time of accident and owner of the van has violated the policy conditions and therefore, the Insurance Company is not liable to pay any compensation.