NATIONAL INSURANCE CO.LTD. Vs. ILLAYARAJA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant insurance company against the award dated 28.9.2012 passed in M.C.O.P.No.532 of 2010 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Dharmapuri.

(2.) Brief facts are that on 13.8.2008, the first respondent was driving 407 tempo van bearing registration No.KA-14 7397 along with cleaner. In the tempo the first respondent transported the house hold articles from Bangalore to Chinnaperamanur at Dharmapuri. After unloading the house hold articles at Dharmapuri, they were returning to Bangalore. While they proceeded on 14.8.2008 at 6.15 A.M. at Rayakottai-Bangalore road, near Sajjaipatti road, a lorry bearing registration No.TN-33 F 2385, belonging to the second respondent and insured with the appellant, driven by its driver in a rash and negligent manner dashed against the tempo. Due to the impact, the first respondent and the cleaner sustained grievous injuries. After the accident, they were admitted in Government Hospital, Hosur, where from the first respondent was shifted to St. John Medical College Hospital, Bangalore and had taken treatment as inpatient from 14.8.2008 to 1.9.2008. At the time of accident, the first respondent was aged 28 years and was earning Rs.7,000/- per month by working as tempo driver. Regarding the accident, a criminal case in Crime No.223 of 2008 was registered by Rayakottai Police Station. Stating that the accident was happened due to rash and negligent driving of the driver of the lorry, the first respondent has filed claim petition claiming compensation of Rs.10,00,000/- by impleading the owner and the insurer of the tempo van as respondents 3 and 4.

(3.) Resisting the claim petition, the appellant has filed counter stating that the accident occurred due to the rash and negligent driving of the first respondent. It is stated that the driver of the lorry bearing registration No.TN-33 F 2385 driven the same in cautious and proper manner and it is the first respondent himself dashed against the lorry. Therefore, the driver of the lorry was not negligent. In fact, the criminal case in Crime No.223 of 2008 was registered against the first respondent and charge sheet was also filed against him. Since there is no negligent on the part of the driver of the lorry, the owner of the lorry and its insurer are not liable to pay the compensation as claimed by the first respondent.