BRANCH MANAGER ORIENTAL INSURANCE COMPANY LTD Vs. SANGEETHA

JUDGEMENT

(1.) The Insurance company which suffered an award for payment of a sum of Rs. 14,24,000/- as compensation for the death of one Sakthi @ Palani in a motor accident that occurred on 05.03.2013 is the appellant. According to the claimants, who are the wife, children and parents of the deceased, the deceased who was working as a Mason was travelling in a goods vehicle (TATA ACE) bearing registration No.TN-24-F-2431 along with the goods. While so, the school bus bearing registration No.TN-31-F-8778 which was driven in a rash and negligent manner by its driver came in the opposite direction and dashed against the goods vehicle. In the impact, the deceased who was standing on rear side of the goods vehicle has thrown out of the vehicle and suffered grievous injuries, resulting in his death. Contending that it was the negligence of the bus driver that caused the accident. The claimants sought for a compensation of Rs. 15,00,000/-.

(2.) The Insurer and the owner of the bus were arrayed as respondent 1 and 2, while the goods vehicle in which the deceased was travelling and its Insurer were arrayed as respondents 3 and 4.

(3.) The claim petition was resisted by the appellant Insurance company, contending that there was no negligence on the part of the bus driver. According to it, the accident was caused due to the reckless driving of the driver of the goods vehicle TATA ACE bearing registration No.TN-24-F-2431 which was carrying passengers in violation of the permit conditions. It is the further case of Insurance company that the driver of the goods vehicle who was driving at a high speed lost control and dashed against the bus on the right side back wheel in a turning and stopped at the distance more than 100 feet. It was, because of the impact, the deceased thrown out from the goods vehicle. It is also contended that the First Information Report was registered against the driver of the goods vehicle on a complaint by the driver the school bus.