S.MANIKUMAR
United India Insurance Company, Chennai – Appellant
Versus
Ravi & Another – Respondent
Per S. MANIKUMAR, J.
Aggrieved by the award, fastening liability on the appellant-Insurance Company to pay compensation to the victim, who is said to be the tort-feasor and caused the accident, the Insurance Company has filed this appeal.
2. It is the case of the claimant that on 211. 1998, at 5.45 a.m., when he was driving a Jeep bearing Registration No. TN 09 C 6773 from Rameswaram to Chennai i.e., from South to North at GST Road, along with his friends, near Ayyankoil Pattu, Villupuram, suddenly two buffalos crossed the road and in order to avoid the collusion, he came to the right side of the road and in that process, though he had exercised caution, lost control and dashed against a bridge, due to which, he sustained injuries all over his body and admitted to Villupuram Government Hospital. It is the further case of the respondent/claimant that the accident was not due to his negligence and therefore, prayed for appropriate compensation under various heads.
3. Theappellant/Insurance Company, with the leave of the Court, disputed the manner of the accident. They further submitted that the accident occurred only due to the negligence of the respondent/claimant. They
1. Oriental Insurance Co. Ltd v. Meena Variyal (2007) 2 MLJ 1230 : (2007) ACJ 1284.
3. Bangalore Metropolitan Transport Corporation v. Sarojamma (2008) 5 SCC 142.
5. National Insurance Co. Ltd. v. Swaran Singh and Others AIR 2004 SC 1531 : (2004) 3 SCC 297.
7. Dhanraj v. New India Assurance Co. Ltd. and Another
9. Oriental Insurance Co. Ltd. v. Smt. Jhuma Saha and Others AIR 2007 SC 1054: (2007) 2 MLJ 660.
10. Oriental Insurance Co. Ltd.
2. Kaushnuma Begum v. New India Assurance Co. Ltd.
6. Oriental Insurance Company Ltd. v. Kaliya Pillai
11. New India Assurance Company Ltd. v. Sadanand Mukhi and Others AIR 2009 SC 1788.
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