JUDGMENT

(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the judgment and decree dated 11.01.2019, made in M.C.O.P.No.82 of 2016, on the file of the Motor Accident Claims Tribunal, Additional District Court, Hosur.)

V.M. Velumani, J.

1. This Civil Miscellaneous Appeal has been filed by the appellant / New India Insurance Company Limited against the judgment and decree dated 11.01.2019, made in M.C.O.P.No.82 of 2016, on the file of the Motor Accident Claims Tribunal, Additional District Court, Hosur.

2. The appellant is the 2nd respondent in M.C.O.P.No.82 of 2016, on the file of the Motor Accident Claims Tribunal, Additional District Court, Hosur. The respondents 1 to 4 / claimants filed the said claim petition, claiming a sum of Rs.1,00,00,000/- as compensation for the death of one D.Ravindran, who died in the accident that took place on 16.12.2014.

3. According to the respondents 1 to 4, on 16.12.2014 at about 03.30 a.m., while the deceased D.Ravindran was travelling in the KSRTC bus bearing Registration No.KL 15 A 152 belonging to 5th respondent from Kerala to Bangalore on the Krishnagiri to Hosur NH, near Samalpallam opposite to Church at Shoolagiri, the driver of the lorry bearing Registration No.TN 47 Q 1129, belonging to 6th respondent, drove the same in a rash and negligent manner and dashed behind the bus in which the said D.Ravindran was travelling and caused the accident. In the accident, the said D.Ravindran died. Hence, the respondents 1 to 4 filed the claim petition claiming compensation against the respondents 5 to 7 and appellant.

4. The respondents 5 & 6, being the owner of the bus and lorry respectively remained exparte before the Tribunal.

5. The appellant-New India Insurance Company Limited, being the insurer of the bus belonging to 5th respondent filed counter statement and denied all the averments made by the respondents 1 to 4 in the claim petition. The appellant denied the manner of accident as alleged by the respondents 1 to 4. According to appellant, while the driver of the bus was driving the bus very slowly and cautiously from Shoolagiri to Hosur on the Krishnagiri – Hosur NH Road, the driver of the lorry came from Krishnagiri to Hosur NH road towards Hosur without any signal lights and suddenly tuned the vehicle on the right side of the road at high speed and due to the said impact, the driver of the bus touched the right back side of the lorry and caused the accident. The accident has occurred only due to the rash and negligent driving by the driver of the lorry and there is no fault on the part of the driver of the bus. Hence, the respondents 6 & 7 are only liable to pay the compensation to the respondents 1 to 4. Further, electronic speed limitation device is fixed on the bus and there is no question of high speed driving by the driver of the bus. Hence, the appellant is not liable to pay any compensation to the respondents 1 to 4. Had the driver of the lorry been cautious enough while driving, the accident would not have occurred. The driver of the lorry gave a false complaint against the driver of the bus to escape from the liability. The lorry was not having valid fitness certificate and permit at the time of accident. The 5th respondent – owner of the bus has not furnished the particulars of policy, date, time and place of accident, particulars of injured, name of driver and particulars of driving license to the appellant. The concerned Police Station has to forward all the relevant documents to the insurer within 30 days from the date of information, but the Shoolagiri Police failed to forward the documents to the appellant. At the time of accident, both the driver of the bus and lorry were not possessing valid driving license. The appellant denied the age, avocation and income of the deceased. In any event, the quantum of compensation claimed b