UNITED INDIA INSURANCE COMPANY LIMITED Vs. K SOUNDARAJAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 25.10.2006 made in MCOP No.177 of 2004 by the Motor Accident Claims Tribunal (Principal Subordinate Court), Mayiladuthurai.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent/claimant met with motor vehicle accident that took place on 24.07.2004 at about 11.30 hours. While the said injured was proceeding in his Suzuki motor cycle towards Kuthalam-Mathimangalam Main Road, a Fiat car bearing registration No.TCK 6319 belonging to the second respondent, came in a rash and negligent manner and hit against the first respondent/claimant. Due to the said impact, he sustained grievous injuries. The claimant was immediately given first aid by Dr.A.K.D.Sundaram, Kuthalam and admitted in Arunpriya Hospital, Mayiladuthurai as in patient. He claimed a sum of Rs.2,00,000/- as compensation before the Tribunal. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side and perused the materials available on record. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P23 were marked. On the side of the appellant-Insurance company Rws.1 and 2 were examined and Exs.R1 and R2 were marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Rajasekaran. Ex.P1 is the certified copy of the First Information Report. Ex.P2 is the copy of the Motor Vehicle Inspector's Report relating to fiat car. Ex.P3 is the copy of the charge sheet. Ex.P4 is the copy of the wound certificate issued by Arun Priya Hospital. Ex.P5 is the judgment made in STC No.3800 of 2004 on the file of Judicial Magistrate No.I, Mayiladuthurai. Ex.P6 is the copy of the Insurance policy. Ex.P7 is the copy of the driving licence. Exs.P8 to P11 are the Discharge summaries issued by the AKN Nursing Home, Chennai. Ex.P12 are the chits relating to blood test and other tests. Ex.P13 are the medical bills. Exs.P14 to P20 are the X-rays. Ex.P21 is the disability certificate. Ex.P22 is the xerox copy of the identity card relating to the payment of income tax by the claimant. Ex.P23 is the filled form under Section 12(1)(b)(3) showing income of the claimant for the assessment year 2002-2003. One Thiagarajan was examined as RW1 and one Sivakumar was examined as RW2. Ex.R1 is the Inspection report relating to the fiat car. Ex.R2 is the xerox copy of the Motor Vehicle Inspector's Report relating to TVS Suzuki. After considering the oral and documentary evidence, the Tribunal had given a categorical finding that the accident occurred only due to rash and negligent driving of the driver of the fiat car, the second respondent herein. No condition has been imposed in the statute that merely on the ground that the offending vehicle does not possess or holding fitness certificate, the Insurance company is not liable to pay compensation. It is also not brought to the notice of this Court the relevant statutory provision or any other material evidence to show that the Insurance company can take the defence that they are not liable to pay compensation and hence, the Tribunal is correct in coming to the conclusion that the appellant-Insurance company alone is liable to pay compensation to the claimant. It is a question of fact and the finding is based on valid materials and the same is confirmed.