(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act, against the judgment and decree dated 08.12.2004 passed in MCOP.No.1425 of 1996 on the file of the Motor Accident Claims Tribunal, 1st Additional District Judge, Madurai.)
Judgment:
1. It is the case of an injury caused due to the accident took place on 03.12.1995 at about 10.00 a.m on Madurai to Devakottai road near Vellaripatti Bus Stop. The injured victim filed an application in MCOP.No.1425 of 1996 before the Motor Accident Claims Tribunal, 1st Additional District Judge, Madurai, and the Tribunal considering the facts and the circumstances of the case, awarded Rs.30,500/- as total compensation with interest at 9% per annum. Challenging the award, the appellant insurance company has filed this appeal, on the ground that the Tribunal erroneously fixed the liability on the appellant, since the negligence was committed by the other vehicle, which is a Lorry and therefore, the appellant company ought to have been exonerated from the liability. To substantiate the contention, learned counsel for the appellant cited the evidences and the findings of the Tribunal.
2. Though there are certain contradictions in the deposition of the witnesses, the Tribunal has come come to the conclusion that the accident had occurred due to the rash and negligent driving of the drivers of the vehicles belonging to the respondents 2 and 4 and hence, the respondents 2 and 4 are equally responsible for the accident. In view of the contradiction between the deposition of witnesses, the appellant insurance company cannot be exonerated from the liability, since both the vehicles met with the accident, were insured with different insurance companies and the Tribunal therefore, is right in fixing negligence in the ratio of 50:50 and accordingly, the finding of the Tribunal is confirmed.
3. The appellant insurance company is directed to deposit the 50% of the compensation with respect to their liability, with proportionate accrued interest and costs, to the credit of the claim petition, within a period of four weeks from the date of receipt of a copy of this judgment. On such deposit, the 1st respondent/claimant, is permitted to withdraw the same, through RTGS, by filing necessary applications before the Tribunal.