Lorry in front of motor cycle - applied sudden brake without any indication, resulting in impact and deceased dashed on rear portion of lorry - There was no material to show that rider of motorcycle did not maintain sufficient safe distance

Citation

AIROnline 2022 MAD 3939

Madras High Court

MS. V. M. VELUMANI, J. and S. SOUNTHAR, J.

C.M.A.- 2809 of 2021 D/-12-8-2022

New India Assurance Co. Ltd. Madurai v. G. Selvaraj

(A)Motor Vehicles Act (59 of 1988), S.166 Rules of the Road Regulations (1989), Regn.23 - Rash and negligent driving Proof Plea that offending lorry - - driven in rash and negligent manner in front of motorcycle, applied sudden brake without any indication, resulting in impact and deceased dashed on rear portion of lorry - To prove rash and negligent driving, claimants examined eyewitness Insurer neither examined driver of offending lorry nor eyewitness - There was no material to show that rider of motorcycle did not maintain sufficient safe distance from lorry going in front of motorcycle - Thus, rash and negligent driving on part of driver of lorry, proved.

(Para 14)