BRANCH MANAGER NATIONAL INSURANCE CO LTD Vs. MUNIAPPA

JUDGEMENT

(1.) THE appeal is preferred by the insurance company against the award dated 29.09.2004 made in M.C.O.P No.574 of 2001 by the Motor Accident Claims Tribunal, (Chief Judicial Magistrate No.II Court), Krishnagiri.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Muniappa met with motor traffic accident on 14.10.2000 at about 09.00 P.M. The injured along with others were travelling in the Tractor & Trailer bearing registration No.TN-29-W-8431 from Hosur towards Mugulappalli. While the driver of the Tractor & Trailer drove the vehicle slowly and cautiously on the left side of the road, a J.P.T Bus bearing registration No.TN-29-S-0009 belonging to the 2nd respondent came in the opposite direction in a rash and negligent manner with high speed and hit the Tractor & Trailer. Due to the impact, the claimant sustained grievous injuries all over the body. Immediately, he was admitted in Government Hospital, Hosur. He claimed a sum of Rs.6,00,000/- as compensation. The said bus was insured with the appellant insurance company who 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 P8 were marked. On the side of the appellant insurance company, no one was examined and no document was marked to substantiate their claim. P.W.1 is the claimant. P.W.2 is Dr.Shankar, who is the Neurologist. P.W.3 is Dr.Shunmugam. Ex.P1 dated 07.09.2004 is the copy of the First Information Report. Ex.P2 dated 07.09.2004 is the copy of the wound certificate, Ex.P3 dated 07.09.2004 is the discharge summary, Ex.P4 dated 07.09.2004 is the medical bills, Ex.P5 dated 07.09.2004 is the policy, Ex.P6 dated 07.09.2004 is the disability certificate given by P.W.2 doctor, Ex.P7 dated 07.09.2004 is the scan report, Ex.P8 dated 24.09.2004 is the disability certificate given by P.W.3 doctor were marked. After considering the above oral and documentary evidence, the Tribunal has given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the bus and awarded compensation. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.