NATIONAL INSURANCE CO LTD Vs. THARABAI

JUDGEMENT

(1.) IN the claim petition, it is stated that while the deceased Tulasiraman was walking along Ennore Kathivakkam High Road, a Kinetic Honda Motor cycle with Registration No.TN 02 Z 7508 was rode by the fifth respondent, its owner, in a rash and negligent manner, dashed against him by means of which he sustained grievous injuries and was rushed to the hospital where he died. The accident took place due to the rash and negligent driving of the fifth respondent. The appellant is the insurer of the fifth respondent's vehicle. The deceased was 53 years at the time of accident and was earning a sum of Rs.6,000/- per month by taking cycle stand contract, vegetables vending and as a contract labourer. Hence, a sum of Rs.4,00,000/- is prayed for as compensation.

(2.) IN the counter filed by the fifth respondent, it is stated that he rode the motor cycle near the site of accident slowly but the deceased suddenly crossed the rode and he invited the accident. Hence, the accident took place due to the carelessness of the deceased. There was no fault on the part of the fifth respondent. This respondent possessed valid licence at the time of accident. The vehicle was duly insured with the appellant INsurance company upto 08.05.1996. Hence, the appellant has to pay the compensation. So, the petition may be dismissed.

(3.) THE learned counsel for the appellant Mr.S.Arunkumar would submit that the tribunal has lost sight of the importance in the evidence adduced by R.W.1 who is an official from the Regional Transport Office, Madras City (Central) and licence produced by the owner is a bogus one. Conversely, the learned counsel for the fifth respondent/owner would say that the evidence of R.W.1 itself would go to show that the licence produced by the owner is a genuine one and the insurance company has not discharged its burden in showing that Ex.R.2 was renewed licence which was in force and was a valid licence.