ORIENTAL INSURANCE COMPANY LIMITED Vs. B PANCHAVARNAM

JUDGEMENT

(1.) THE Oriental Insurance Company through its Divisional Manager, Madurai, aggrieved against the award of the Motor Accidents Claims Tribunal, Ramanathapuram, in M.C.O.P.No. 682 of 1989 has filed the above appeal. THE facts leading to the filing of the claim petition is briefly stated hereunder:

(2.) I have heard Mr. N. Vijayaraghavan, learned counsel for the appellant and Mr.K.M. Venugopal, learned counsel for respondents 1 to 3.

(3.) WITH this acceptable evidence on the side of the claimants the Insurance Company did not examine on their side the bus driver in order to prove their case. At this stage the learned counsel for the appellant, relying on a decision of this Court in Venkataswami Motor Service v. C.K.Chinnaswamy, 1993 A.C.J. 1, contended that a person alighting from a bus is only a passenger and in that event the liability of the Insurance Company is limited to Rs. 15,000. After going through the said decision, there is no difficulty in accepting the proposition of law as pointed out by the learned counsel" for the appellant. However, in the absence of any evidence on the side of the owner and insurer and when the eye witnesses, viz., P.Ws.2 and 3 clearly speak about the manner of accident, it is highly improbable to accept the case of the Insurance Company. I have already extracted the statement of P.Ws.2 and 3. It is clear from the evidence that the deceased got down from the bus at the bus-stop and while he was taking steps to proceed further, because of the rashness and negligence of the driver of the bus, the left side body of the bus had a contact with the deceased thereby he fell down and the left rear wheel ran over him. In the light of the overwhelming and acceptable evidence of P.W.2 and 3 and in the absence of any contra evidence, the decision referred to by the learned counsel for the appellant may not be useful for his case.