ORIENTAL INSURANCE CO LTD Vs. MANNAGKATTI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award and decree dated 20.12.2002 made in O.P. No.486 of 2002 on the file of the Motor Accidents Claims Tribunal, Principal Sub Judge, Tindivanam.

(2.) THE deceased-Tamil Selvan met with an accident on 28.02.2002 at about 09.30 a.m. While he was proceeding in his bicycle near Lakshmi Cafe, Gandhi Statue on Rajaji Street, Tindivanam, a bus bearing Registration No.TN32H8899 belonging to the sixth respondent insured with the appellant-Insurance Company, came in a rash and negligent manner and hit the cyclist. Due to the same, the deceased sustained injuries. Immediately, he was taken to the Government Hospital, Pondicherry, where he died. THE claimants are father, mother, sister and two brothers. THEy claimed a sum of Rs.20,00,000/- 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 claimants, P.Ws.1 to 5 were examined and documents Exs.P1 to P23 were marked. On the side of the appellant-Insurance Company, no witnesses were examined and Ex.R1-copy of the Insurance Police Certificate was marked. P.W.1-Tmt. Mariammal, PW2-Chinnaraj is the STD booth owner. PW3 is one Ganesan residing in the opposite house. PW4-Muniyandi is working in the Panchayat of Kollar Village and PW5-Balaj. Ex.P1 is the FIR copy of the deceased prepared by the Sub Inspector, Dindivanam Police Station. Ex.P2 is the copy of the Motor Vehicle Inspector's report. Ex.P3 is the copy of the final report filed by the Inspector of Dindivanam against the first respondent's driver. Ex.P4 is the Rough Sketch. Ex.P5 is the copy of the post mortem report. Ex.P6 is the 10th transfer certificate. Ex.P7 is the certificate of Tamil Mandram. Ex.P8, Ex.P9 and Ex.P10 are the Sports certificate. Ex.P11 is the certificate of Scout. Ex.P12 is the certificate issued by the Lions Club for donating the blood. Ex.P13 and Ex.P14 are the blood donors card. Ex.P15 is the salary certificate. Ex.P16 is the documents relating to number plates, sticker cutting and the Artist work done by the deceased. Ex.P17 is the identity card with address proof. Ex.P18 is the receipt book. Ex.P19 is the certificate of the treatment taken for nerves of the first respondent who is the father of the deceased. Ex.P20 is the Certificate issued by the Doctor R. Shanmuga Sundaram to the sister of the deceased. Ex.P21 is the page 82 of the receipt book. Ex.P22 is the page 50 of the receipt book. Ex.P23 is the certificate of the employment of National Scout Youth Wing.