KULANDAISAMY GOUNDER Vs. VENGATTA RAMANAN

JUDGEMENT

(1.) THE appeal is preferred by the claimants against the award dated 09.09.2003 made in MCOP No.749 of 2001 by the Principal District Judge, Erode District, Erode.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased Palanisamy met with motor vehicle accident that took place on 24.02.2001 at about 10.00 a.m. While the deceased was walking on the western side of Ayyan Valasu to Kanchikoil road along with his 3 year old grandson, a bike bearing Registration No.TCT 6662, came in a rash and negligent manner and hit the deceased. Due to the same, the deceased sustained grievous head injuries and was taken to Senthil Neuro Hospital at Erode. Later he was referred to K.G. Hospital at Coimbatore for better treatment, where he died on 25.2.2001. The claimants are father, mother, wife, daughter and son of the deceased. They claimed a compensation of Rs.5,00,000/-. The said motor cycle was insured with the 2nd respondent insurance company, who resisted the claim. On pleadings the Tribunal framed the following issues:- "1. Whether the accident happened due to the rash and negligent driving of the motor cycle TCT 6662 by the first respondent? 2. Whether the claimants are entitled to any compensation if so, to what amount?" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the first respondent and awarded a compensation of Rs.98,196/- with interest at 9% per annum from the date of petition and the details of the same are as under:- Loss of dependency Rs. 80,000/- Funeral expenses Rs. 2,000/- Medical Bills Rs. 16,196/- ------------------ Total... Rs. 98,196/- ------------------ Aggrieved by that award, the claimants have filed the present appeal for enhancement.

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.A1 to A4, A6, A7, A8, A11 to A18 were marked. On the side of the respondents no one was examined and no documents were marked to substantiate their claim. P.W.1 Murugesan is son of the deceased. PW2 is one Palanisamy. Ex.A1 is the certified xerox copy of the First Information Report. Ex.P2 is the certified xerox copy of the Rough Sketch. Ex.A3 is the Certified xerox copy of Observation Mahazar. Ex.A4 is the certified xerox copy of Motor Vehicle Inspector's Report(Motor cycle). Ex.A6 is the certified xerox copy of post mortem certificate of the deceased Palanisamy. Ex.A7 is the certified xerox copy of judgment in C.C.No.105 of 2001 of Judicial Magistrate, Perundurai. Ex.A8 is the certified xerox copy of charge sheet. Ex.A11 series are prescriptions for the deceased. Ex.A12 series are medical bills. Ex.A13 is Medical receipt issued by K.G. Hospital for the deceased. Ex.A14 is Scan Receipt for Rs.2000/- taken for the deceased. Ex.A15 is the receipt issued by Erode Blood Bank and Clinical Laboratory for purchase of blood to the deceased. Ex.A16 is Van Charge receipt issued by K.G. Health Care Ltd., Ex.A17 is the receipt for Rs.595/- issued by Harishankar Clinical Laboratory, Erode, for the deceased. Ex.A18 is the xerox copy of the partition deed between the deceased and his brother Avanasi Gounder and his father Kolandaisamy Gounder. After considering the above 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 first respondent and as the first respondent's bike was insured with the second respondent at the time of accident, the 2nd respondent is liable to pay compensation to the claimants and the finding is based on valid materials and evidence and the same is confirmed.