J SARADHA Vs. T N MUNIAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated 14.10.2003 made in M.C.O.P No.397 of 2001 by the Motor Accident Claims Tribunal, Tiruvannamalai.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Saradha met with motor vehicle accident on 22.03.2001 at about 11.00 A.M. While the injured was going on the extreme left side of the road at Nadalaganandal village, a Tractor & Trailer bearing registration No.TN.25/4709 and Trailer bearing registration No.TN.25/C.1875 came in a rash and negligent manner and hit the injured pedestrian. Due to the impact, the claimant sustained fracture on the left knee and right knee, injuries on right chin, and also multiple injuries all over the body. After the accident, he was admitted in Tiruvannamalai Government Hospital. She claimed a sum of Rs.5,00,000/- as compensation. The said Tractor was insured with the second respondent insurance company who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.P1 to P5 were marked. On the side of the respondent insurance company, no one was examined and no document was marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr.Raveendran. Ex.P1 is the copy of the First Information Report. Ex.P2 is the motor vehicle inspector-s report, Ex.P3 is the wound certificate, Ex.P4 is the copy of the discharge summary, Ex.P5 is the permanent disability certificate were marked. After considering the above oral and documentary evidence, the Tribunal has given a categorical finding that the accident had occurred only due to the rash and negligent driving of the Tractor & Trailer. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.