K.SANKAR Vs. MURUGAN

JUDGEMENT

(1.) C.M.A.(MD).No.862 of 2019 has been filed by the claimant challenging only the quantum of compensation awarded by the Tribunal. C.M.A(MD).No.947 of 2013 has been filed by the Insurance Company challenging only the liability fixed by the Tribunal, by order dated 30.05.2012.

(2.) The Tribunal has fixed the entire negligence on the driver of the lorry bearing Registration No.TN72H 0909. Since no one was examined as eye witness on the part of the appellant Insurance company and considering the FIR as well as the deposition of R.W. 2, the Tribunal has fixed the entire liability against the owner of the lorry as well as the Insurance Company jointly.

(3.) The contention of the learned counsel for the appellant/Insurance Company is that R.W.2, who is the eye witness, none other than the driver of the bus, deposed that the injured kept his hand outside the window of the bus. Therefore, some portion of liability should be fastened to the injured claimant also. Further, the learned counsel referred to the MV report that there is no damage either to the bus or to the lorry. The Tribunal wrongly came to the conclusion that due to the entire negligence on the part of the driver of the lorry, this accident had occurred. Therefore, the judgment and decree of the Tribunal is liable to be set aside. Liability: