NEW INDIA ASSURANCE COMPANY CUDDALORE Vs. MUNUSAMY

JUDGEMENT

(1.) THE appeal is preferred by the appellant/Insurance Company against the award dated 12.09.2003 made in MCOP No.1183 of 1999 by the Motor Accident Claims Tribunal ( Principal Subordinate Court), Cuddalore.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent/claimant met with motor vehicle accident that took place on 04.12.1999 at about 09.45 hours. The first respondent/claimant was travelling in his TVS-50 moped at the extreme left hand side of the road from Thirupanampakkam to Bahoor. At that time, the bus bearing registration No.PY-01A-7799 belonging to the second respondent, came in an opposite direction in a rash and negligent manner and dashed against the said TVS-50 moped. Due to the said impact, the claimant thrown out of his moped and sustained multiple injuries all over his body. He claimed a sum of Rs.25,00,000/- as compensation. The appellant/Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P22 were marked. On the side of the appellant/Insurance Company, R.W.1-Padmanaban, investigator of the Insurance Company was examined and Ex.R1-xerox copy of the wound certificate was marked to support their claim. P.W.1 is the claimant. P.W.2 is the Doctor Sivasubramanian. P.W.3 is the taxi driver Venkatachalapathi. Ex.P1 is the xerox copy of the First Information Report. Ex.P2 is the xerox copy of the Motor Vehicle Inspector's report. Exs.P3 and P4 are O.P. Chits of claimant given by Government Hospital, Pondicherry. Ex.P5 is the card given by the Jipmer Hospital, Pondicherry to the claimant. Ex.P6 is the discharge summary given by Appollo Hospital, Chennai. Ex.P7 is the C.T. scan report. Exs.P8 to P10 are the x-ray reports. Exs.P11 and P12 are the Notes from Appollo Hospital, Chennai. Ex.P13 is the Medical bills. Ex.P14 is the wireman certificate. Ex.P15 is the students admission list. Ex.P16 is the students attendance register. Exs.P17 and P18 are the xerox copies of driving licence of the claimant and the second respondent. Ex.P19 is the registration certificate of the second respondent. Ex.P20 is the Insurance policy. Ex.P21 is the disability certificate. Ex.P22 is the x-rays. 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 second respondent's bus and the finding is based on valid materials and evidence.