UNITED INDIA INSURANCE CO LTD Vs. T GOPALAKRISHNAN

JUDGEMENT

(1.) This appeal has been preferred by the appellant-Insurance Company questioning the fixing of liability on the driver of the appellant's insured vehicle and awarding a sum of Rs.60,000/- for the disability sustained by the first respondent-claimant, due to the injury sustained by him in the accident occurred on 20.11.2008, when the first respondent-injured was driving his Car from Kangayam to Dharapuram, which was hit by a Eicher Van, insured with the appellant insurance company, coming from the opposite direction and went into opposite lane and hit the Car. The Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the Eicher Van and determined the disability at 60% and awarded a sum of Rs.16,28,278/- as compensation. The said award is being challenged before this Court.

(2.) Heard Mr.C.Paranthaman, learned counsel appearing for the appellant, Mr.Ma.P.Thangavel, learned counsel appearing for the first respondent/claimant and Mr.S.Manohar, learned counsel for the fifth respondent.

(3.) Though Ex.P1-F.I.R has been filed against the first respondent-injured, based on the complaint given by the driver of the Eicher van, P.W.3 eyewitness categorically stated that the accident occurred because of the rash and negligent driving of the appellant insured vehicle viz., Eicher Van. Ex.P3-sketch would also disclose that the insured vehicle of the appellant-Insurance Company was responsible for the accident, as it went into the opposite direction and hit against the Car, in which, the first respondent/victim was travelling. There is no repetal evidence on the side of the appellant to show that the accident occurred because of the rash and negligent driving of the victim. Therefore, the Tribunal rightly held that the accident occurred because of the rash and negligent driving of the Eicher Van, which was insured with the appellant-insurance company. Hence, the Tribunal rightly reached the factual conclusion that because of the rash and negligent driving of the driver of the Eicher Van, the accident occurred.