NATIONAL INSURANCE COMPANY LIMITED Vs. P.RAJALAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant-Insurance Company against the award of Rs.4,49,000/- (Rupees Four Lakhs and Forty Nine Thousand only) for the death of one Pitchai @ Subramanian, aged about 39 years, a vehicle broker and a poojari of a temple in Kumbakonam, who is allegedly earning about Rs.10,000/- (Rupees Ten Thousand only) per month, in the accident occurred on 10.03.2003, when the deceased was riding his two wheeler towards Kumbakonam from west to east, a Tractor- Trailer which was going in front of the two wheeler came reverse without any signal and dashed against the said two wheeler causing the accident. Therefore, the claim petition.

(2.) On contest, the Tribunal found that the driver of the Tractor-Trailer was negligent and directed the appellant-Insurance Company to pay a sum of Rs.4,49,000/- (Rupees Four Lakhs and Forty Nine Thousand only). The said award is being challenged before this Court.

(3.) Heard Mr.D.Sivaraman, learned Counsel for the appellant, who would submit that P.W.4, who was the pillion rider when the accident occurred, gave Ex.P.1 - F.I.R, wherein he categorically stated that the deceased dashed while riding his two wheeler dashed against a stationary Tractor-Trailer. Whereas as P.W.4, he reversed his stand and stated that the Tractor-Trailer came in a reverse direction and dashed against the two wheeler. Therefore, reliance placed by the Tribunal on the evidence of P.W.4 - eyewitness, to come to the conclusion that the driver of the Tractor- Trailer was responsible for the accident is erroneous and the same is liable to be set aside.