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Judgment
This civil miscellaneous appeal has been filed by the Insurance Company, questioning the award dated 29.08.2013 made in M.C.O.P.No.1175
of 2013, on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judge), Tiruchirappalli.
The claimant herein was travelling as a passenger in the bus belonging to the third respondent on 06.03.2005. The lorry insured by the appellant
herein coming from the opposite direction dashed against the bus. The claimant was injured. Crime NO.47 of 2005 was registered against the lorry
driver on the file of Valanadu Police Station. Before the Tribunal, the lorry driver was not examined as a witness by the Insurance Company or the
lorry owner. Therefore, the Tribunal rightly fixed the negligence on the lorry driver.
The learned counsel for the appellant would take pains to argue that the Tribunal erred in fixing the entire negligence on the lorry driver. But,
since the evidence was not adduced on these lines before the Tribunal, the Tribunal came to the findings that the lorry driver drove the vehicle in a
rash and negligent manner and caused the accident.
I am not in a position to take a different view. The said findings stands confirmed. The claimant was awarded a sum of Rs.14,703/- as
compensation for the injuries suffered by him. This cannot be said to be excessive. There is no merit in this appeal. It stands dismissed.
Consequently, connected miscellaneous petition is closed.