ORIENTAL INSURANCE CO LTD Vs. PHI MUTHU ASARI

JUDGEMENT

(1.) The Oriental Insurance Company is the appellant herein. The appeal has been filed as against the Award of Rs. 75,000/- directing the Insurance Company as well as the owner of the vehicle, the third respondent herein, to pay the said amount to the claimants, the respondents 1 and 2 herein, challenging its liability to pay the compensation.

(2.) The facts briefly are :- The deceased Kannan, a Goldsmith, on 20-1-1988 at 3.15 p.m., was riding a Moped from South to North in Thiruchendur to Athur Road, keeping left side of the road. At that time, the lorry bearing Registration No. TNT 4359 driven rashly and negligently by the driver dashed against the deceased. The deceased was run over by the lorry and the Moped was severely damaged. The deceased died at the spot. The claimants being the parents filed M.C.O.P. No. 97 of 1988 before the Motor Accidents Claims Tribunal (Sub-Judge), Tuticorin claiming a compensation of Rs. 1,00,000/- from the owner of the vehicle and the Oriental Insurance Company.

(3.) The owner of the lorry Sudalaimani Nadar, the third respondent herein, contested the claim by examining the driver as R.W.1 stating that the driver was not negligent. The Insurance Company, the appellant herein, repudiated the claim stating that the deceased alone was negligent and that in any event, the driver of the lorry was not duly licenced to drive the lorry and that therefore, the Insurance Company is not liable to pay any compensation.