RELIANCE GENERAL INSURANCE COMPANY LTD Vs. RAJAN

JUDGEMENT

(1.) The appeal has been preferred by the insurance company, against the award of Rs.17,70,000/- as compensation for the death of one Saravanan, aged about 25 years, Service Engineer in Hondai Company Limited, Hosur, allegedly earning a sum of Rs.21,000/- per month, in the accident, which occurred on 03.03.2014, when the deceased was riding his two wheeler, which was hit down by the lorry, insured with the appellant/insurance company, driven rashly and negligently.

(2.) Heard Mr.S.Arun Kumar, learned counsel appearing for the appellant. He would stress the point that the accident occurred in a turning and it was a head on collision. Therefore, contributory negligence should have been fixed on the rider of the two wheeler also and therefore, he seeks to fix the contributory negligence and accordingly seeks to reduce the compensation amount.

(3.) However, the award would disclose that PW3-eyewitness had categorically stated that the accident occurred because of the rash and negligent driving of the lorry. There is no contra or rebuttal evidence on the side of the appellant/insurance company. In view of the categorical evidence of PW3-eyewitness and in the absence of any rebuttal evidence, the Tribunal rightly found that the accident occurred because of the rash and negligent driving of the driver of the lorry, insured with the appellant/insurance company. Further the Tribunal took into consideration the filing of Ex.P.1-FIR against the lorry owner. Therefore, the finding in this regard that the driver of the lorry alone was rash and negligent and was responsible for the accident, cannot be disturbed and the same is confirmed.