THIRISANGU ALIAS SANKAR Vs. VELLIANGIRI

JUDGEMENT

(1.) THE appeals are preferred by the claimants against the judgment and decree of the Motor Accident Claims Tribunal (Sub Court), Tiruppur in M.C.O.P. Nos.393 of 2000 and 23 of 2000 dated 30.10.2003.

(2.) THE brief facts arose in both CMA Nos.2895 and 2896 of 2004 in the same accident are as follows: On 08.10.1999 at about 09.30 p.m. the deceased Manikandaprabhu (CMA. No.2895 of 2004) and injured-claimant Anbukarasi (CMA. No.2896 of 2004) met with motor vehicle accident. THE deceased as well as injured-claimant were in front of the Balamurugan Company, Thattan Thottam, Tiruppur. At that time, a van bearing Registration No.TN-41-C-0477 came towards west driven by the first respondent-driver in a rash and negligent manner and hit against them. Due to the same, the deceased-Manikandaprabhu died on the spot and the injured-Anbukarasi sustained grievous injuries all over the body. Immediately after the accident, the injured admitted in Tiruppur Government Hospital. THE claimants are the mother and father in CMA. No.2895 of 2004 and claimed a sum of Rs.8,0,000/-. In CMA. No.2896 of 2004 the injured is the claimant claimed a sum of Rs.3,50,000/-. THE third respondent-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 P10 were marked. On the side of the respondents, no witnesses were examined and no documents were marked. PW1 is the mother of the deceased. PW2 is the father of the deceased. PW3 is the doctor Mohammed Subbain. Ex.P1 is the xerox copy of the First Information Report. Ex.P2 is the xerox copy of the medical report of Anbukarasi. Ex.P3 is the wound certificate of Anbukarasi. Ex.P4 is the medical chits. Ex.P5 is the xerox copy of Post Mortem report. Ex.P6 is the death certificate of Manikanda Prabhu. Ex.P7 is the legal heir certificate. Ex.P8 is the transfer certificate. Ex.P9 is the X-ray. Ex.P10 is the disability certificate of Anbukarasi. 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 van and the finding is based on valid materials and evidence and the same is hereby confirmed.