BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. RAJENDRAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award and decree dated 9/1/2002, made in M.C.O.P.No.273 of 2001, on the file of the Motor Accidents Claims Tribunal, II Additional District Court-cum-Chief Judicial Magistrate Court, Krishnagiri.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent/claimant met with motor vehicle accident that took place on 16.08.2000, at about 12.00 noon. The first respondent/claimant was travelling in a Tractor bearing registration No.TND29 D0838 belonging to the second respondent and insured with the appellant Insurance Company, loaded with Coconut Tree beams from Vedapatti to Royakottai. The Tractor was driven by the driver in a rash and negligent manner and also at high speed without observing traffic rules. Due to which, the driver lost his control and hit against the Coconut Tree. Due to the said impact, the right hand of the injured was caught between the beams and the middle and index fingers were crushed. Immediately, he was admitted in St.John's Medical College Hospital, Bangalore. He claimed a sum of Rs.3,00,000/- as compensation. The appellant Insurance Company, resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel and perused the materials available on record. On the side of the first respondent/claimant, P.Ws.1 and 2 were examined and documents Exs.A1 to A5 were marked. P.W.1 is the claimant. PW2 is Doctor Ashok Kumar. Ex.A1 is the copy of the First Information Report. Ex.A2 is the copy of the Wound Certificate. Ex.A3 is the copy of the Insurance Policy. Ex.A4 is the medical bills and Ex.A5 is the Disability Certificate. On the side of the appellant-Insurance Company one Rathinavel, Administrative Officer, was examined as R.W.1 and copy of the policy was marked as Ex.R1. After considering the oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the Tractor and the finding is based on valid materials and evidence.