M/S.United India Insurance Company ... vs Lakshmi on 31 October, 2023
17. The learned counsel appearing for the second respondent has
also relied on the judgment of the Hon'ble Division Bench of this Court in
Divisional Manager, United India Insurance Co. Ltd., Vs. Premavathi
and others reported in 2018 (2) TN MAC 705,
“22. It is not in dispute that this FIR was lodged on
the basis of the Report of the Driver of the Lorry. It is,
therefore, clear that the Lorry had suffered a mechanical
defect and was attempting to go to the left side of the road
when the accident occurred. A close reading of the above
FIR would show that the damage to the Lorry was on its
right side, it is, thus, clear that the Lorry, which had
suffered a mechanical defect was attempting to the shift to
the left side of the road, the Car driven by RWI came from
behind and dashed against the right side of the Lorry. This
crucial fact, namely the fact that the Lorry was attempting
to go towards the left side of the road has been totally was
overlooked by the Tribunal when it came to the conclusion
that the Car Driver was negligent. This statement in the
FIR is also corroborated by the evidence of PW2, who
admits that the Driver of the Lorry had given a complaint
13/24
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.914 of 2019
in which he had in fact stated that the accident occurred,
when he was attempting to go to the left side of the road.