ORIENTAL INSURANCE COMPANY LIMITED, SATHUVACHARI, VELLORE Vs. DEVAKI

JUDGEMENT

(1.) The appeal has been preferred by the insurance company, against fixing of entire liability on the driver of the tipper lorry belonging to the 3rd respondent and insured with the appellant/insurance company and a sum of Rs.11,71,600/- awarded by the Tribunal for the disability sustained by the 1st respondent/claimant due to the injuries caused in the accident, which occurred on 12.10.2013, when the 1st respondent/injured claimant was travelling in the 2nd respondent/transport corporation's bus from Chennai to Vellore, which was hit by the tipper lorry.

(2.) Heard Mr.S.Manohar, learned counsel appearing for the appellant and Mr.F.Terry Chellaraja, learned counsel appearing for the 1st respondent/claimant.

(3.) Mr.S.Manohar, learned counsel appearing for the insurance company would submit that the finding of the Tribunal, fixing the entire liability on the part of the insured vehicle viz., tipper lorry is erroneous, especially, when Ex.P.1-FIR had been registered against the driver of the transport corporation bus. Further he would submit that the 2nd respondent/transport corporation bus, which was going from Chennai to Vellore, suddenly, without any signal tried to enter into Sriperumputhur town by turning right and in that process, the tipper lorry, which was coming from Vellore to Chennai dashed against the bus. Because of the negligent act of the driver of the transport corporation bus by not making any signal to turn right and turning the vehicle with speed, the accident happened and therefore, negligence was on the part of the driver of the transport corporation. Further he would submit that at least some contributory negligence has to be fixed on the driver of the transport corporation. He would rely upon the evidence of the claimant, who deposed that the bus was driven rashly and negligently and therefore, the negligence has to be fixed on the driver of the transport corporation also.