A SOLAIYAN Vs. W S JAGANNATH BABU

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 21.07.2000, made in M.C.O.P.No.1388 of 1997, by the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: On 03.01.1997 at about 22.30 hours the appellant-claimant was walking along Royapettah High Road, from south to north direction. While he was proceeding opposite to TUCS Complex, a motorcycle bearing registration No.TN01 J4863, belongs to the first respondent herein, came in a rash and negligent manner and also at high speed and hit against the injured. Due to which, the petitioner sustained severe injuries in right leg. He claimed a sum of Rs.1,50,000/- as compensation. The motorcycle insured with the second respondent Insurance Company, who resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, the claimant himself was examined as PW1 and documents Exs.P1 to P8 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. Ex.P1 is the Discharge Summary. Ex.P2 is the Bills. Ex.P3 is the photo with negative. Ex.P4 is the copy of the First Information Report. Ex.P5 is the xerox copy of the Rough Sketch. Ex.P6 is the xerox copy of the Charge Sheet. Ex.P7 is the Disability Certificate (marked with consent) and Ex.P8 is the X-ray (marked with consent). 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 rider of the motorcycle and the second respondent-Insurance Company is liable to pay compensation to the claimant. The finding is based on valid materials and evidence and the same is confirmed.