This appeal has been preferred by the Insurance Company against the award of Rs.1,80,700/- for the injuries sustained by him for the 28% disability suffered by the first respondent in the accident occurred on 31.01.2009.
2. Heard Mr.N.Vijayaraghavan, learned counsel for the appellant.
3.Though it is contended that the injured alone was responsible for the accident and the lorry which was driven by the injured came and hit the lorry insured with the appellant insurance company, there was no evidence adduced by the appellant insurance company. In regard thereto, when there is evidence on the side of the first respondent/claimant that the accident occurred because of the rash and negligent driving of the driver of the lorry insured with the appellant insurance company, the Tribunal rightly drew adverse inference against the driver of the appellant insurance company. Therefore, appeal fails and the same is dismissed. Consequently, connected miscellaneous petition is also closed.
03.04.2017 Internet: Yes/No smi To,
1. The Subordinate Court, Dharmapuri.
2. The Section Officer, VR Section, High Court, Madras.
N.KIRUBAKARAN, J.
smi C.M.A.No.1187 of 2017 03.04.2017 http://www.judis.nic.in