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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
R.POORNIMA
New India Assurance Company Limited – Appellant
Versus
B. Sampooranam – Respondent
JUDGMENT :
R. POORNIMA, J.
This Civil Miscellaneous Appeal has been filed by the Appellant/3rd respondent insurance company, challenging the award, dated 14.10.2009 passed in MCOP No.194 of 2004 on the file of the Motor Accident Claims Tribunal, (III Additional District Court, PCR), Madurai.
2.Brief facts of the petition filed by the claimants before the Tribunal are as follows:-
(i) On 05.05.2003 at about 17.30 hours, the deceased travelled in the 2nd respondent's lorry bearing Registration No.TN-27-V -1606 from Madurai to Chinnamanur. The said lorry was driven by its driver slowly from east to west by keeping to the left side of the road. When the lorry was nearing Karumathur Arulanandar College, the 1st respondent's driver drove the transport bus bearing registration No.TN-57-N-0856 from west to east in a rash and negligent manner and dashed against the 2nd respondent's lorry bearing registration No.TN-27-V-1606 and a car bearing registration No.TN-01-F-5349 belongs to the 4th respondent. Due to the said impact, the deceased succumbed to injuries on the spot.
(ii) Over the occurrence, a case in Crime No.94 of 2003 was registered by the Chekanurani Police Station for the offence under
The main legal point established in the judgment is the determination of liability in a motor accident case based on evidence of rash and negligent driving.
The court affirmed the principle of shared liability in negligence cases, modifying compensation based on contributory negligence.
The main legal point established in the judgment is the determination of liability under the Motor Vehicles Act, 1988, the assessment of quantum of compensation, and the application of legal principl....
The court affirmed the liability of the transport corporation for the accident due to the driver's negligent conduct, upholding the compensation awarded by the Tribunal.
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