UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAVI

JUDGEMENT

(1.) Aggrieved by the award, fastening liability on the appellant-Insurance Company to pay compensation to the victim, who is said to be the tort-feasor and caused the accident, the Insurance Company has filed this appeal.

(2.) It is the case of the claimant that on 27.11.1998, at 5.45 a.m., when he was driving a Jeep bearing Registration No. TN 09 C 6773 from Rameswaram to Chennai, i.e., from South to North at GST Road, along with his friends, near Ayyankoil Pattu, Villupuram, suddenly two buffalos crossed the road and in order to avoid the collusion, he came to the right side of the road and in that process, though he had exercised caution, lost control and dashed against a bridge, due to which, he sustained injuries all over his body and admitted to Villupuram Government Hospital. IT is the further case of the respondent/claimant that the accident was not due to his negligence and therefore, prayed for appropriate compensation under various heads.

(3.) Before the Tribunal, the respondent/claimant examined himself as P.W. 1 and P.W.2 is said to be an eye-witness to the accident. PWs.3 and 4 are the Doctors, who examined the respondent/ claimant with reference to the medical records. Exhibit P-l - Discharge Summary, Exhibit P-2 -Medical bills, Exhibit P-3 - Income Certificate, Exhibit P-4 -FIR, Exhibit P-5 - Disability Certificate, Exhibit P-6 - X-Ray, Exhibit P-7 - Disability Certificate and Exhibit P-8 -Driving Licence of the respondent/claimant were marked. The Assistant Manager of the Insurance Company was examined as R.W.I and Exhibit R-1 -Authorisation Letter and Exhibit R-2 - Judgment Copy in the above referred claim petitions were marked on the side of the appellant-Insurance Company.