UNITED INDIA INSURANCE CO LTD Vs. ANNADURAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the 2nd respondent before the Tribunal/Insurance Company, challenging the judgment and decree dated 12.11.2013 made in M.C.O.P.No.520 of 2011 on the file of Motor Accident Claims Tribunal, Special Sub Judge No.1, Salem.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that on 25.05.2010, at 15.10 hours, when the Petitioner was travelling as a Passenger in the 1st respondent owned bus bearing Reg.No.TN-30-AB-2526 from Salem to Mettur and when the bus arrived at Mettur Bus stand, the petitioner got down from the bus and while he was standing there, the driver of the bus, without any warning moved the bus in the reverse direction in a negligent manner and thereby, the bus dashed against the petitioner, causing him multiple fracture and grievous injuries all over the body. The Petitioner averred in his petition that he is aged 43 years, working as LIC Agent and earning Rs.3,00,000/- per annum and due to grievous injuries suffered by him, he is not able to attend his LIC Agent work and suffered loss of income. Thus, the petitioner contending that the accident took place only due to the negligence of the 1st respondent bus driver, sought compensation of Rs.50,00,000/- from the respondents, who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the petitioner by filing counter, the 2nd respondent/Insurance Company disputed the nature and the manner of the accident averred by the Petitioner. It is submitted that even before the bus came to a halt, the petitioner all of a sudden, tried to get down from the bus and in the process, fell down and suffered injures and as such, the Petitioner also contributed to the accident by his negligent act. The claim of the Petitioner about his avocation, income, loss of earning capacity were all denied. The Plea of the Petitioner for compensation of Rs.50,00,000/- is exorbitant. Hence, the 2nd respondent sought for dismissal of the Petition.