SUMATHI Vs. MANIKANDAN

JUDGEMENT

(1.) THE appeal is preferred by the insurance company against the award dated 19.05.2005 made in M.C.O.P No.1134 of 2003 by the Motor Accident Claims Tribunal, Additional District Court, (Fast Track Court No.5), Tirupur.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Manikandan met with motor traffic accident on 07.10.2003 at about 19.00 hrs. The injured was riding in two wheeler bearing registration No.TN 39 V 4125 on the extreme side of the road from Avinashi to Annur. While he was nearing Aataiyampalayam, a mini door auto bearing registration No.TN 38 U 2445 came in the opposite direction in a rash and negligent manner with high speed and hit the two wheeler. Due to the impact, the injured was thrown away and sustained grievous injuries all over the body. He claimed a sum of Rs.5,00,000/- as compensation. The said mini door auto was insured with the appellant 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 3 were examined and documents Exs.P1 to P8 were marked. On the side of the appellant insurance company no one was examined and no document was marked to substantiate their claim. P.W.1 is the claimant. P.W.2 is one Manikandan, who is the co-employee of the injured. P.W.3 is Dr.SenthilKumar. Ex.P1 dated 07.10.2003 is the copy of the First Information Report. Ex.P2 dated 09.10.2003 motor vehicle inspector-s report for two-wheeler, Ex.P3 dated 09.10.2003 motor vehicle inspector-s report for mini door auto, Ex.P4 is the copy of the wound certificate, Ex.P5 is the discharge summary, Ex.P6 is the medical bills, Ex.P7 dated 02.03.2005 disability certificate, Ex.P8 is X-ray 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 driver of the mini door auto and awarded compensation. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.