POOMALAI Vs. P NARAYANAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated 30.10.2003 made in MACTOP No.403 of 2002 by the Motor Accident Claims Tribunal (District Judge), Perambalur.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Manivannan met with motor vehicle accident that took place on 02.05.2002 at about 1.00p.m while he was returning from his school along with his friends on the Agram Seekur Main Road. When he was proceeding on the bank of Oghalur Morankulam lake, the tractor bearing registration No.TN-46-3326 attached with trailer bearing registration No.TN-46-1676 belonging to the first respondent was driven by its driver in a rash and negligent manner and hit against him and the front wheel of the tractor ran over on him. Due to the said impact, the deceased died on the spot. The claimants are father and mother of the deceased. They claimed a sum of Rs.5,00,000/- as compensation. The said tractor was insured with the second respondent, who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.P1 to P6 were marked. On the side of the respondents no one was examined and no documents were marked to substantiate their claim. P.W.1-Thangamani is the father of the deceased. PW2-Muthusamy is an eye witness to the occurrence. Ex.P1 is the certified copy of the First Information Report. Ex.P2 is the Post mortem certificate. Ex.P3 is the copy of the legal heirs certificate. Ex.P4 is the copy of family card. Ex.P5 is the copy of school certificate Ex.P6 is the copy of death certificate. 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 driver of the tractor and the finding is based on valid materials and evidence.