UNITED INDIA INSURANCE CO LTD Vs. K SHANMUGAM

JUDGEMENT

(1.) THE appeal is preferred by the appellant insurance company against the award dated 23.06.2005 made in M.C.O.P No.549 of 2002 by the Motor Accident Claims Tribunal, Prl Subordinate Court, Salem.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Shanmugam met with motor traffic accident on 19.8.2001 at about 09.00 P.M. The said injured was riding his motor cycle bearing registration No.TNS 7709 along with his friend Nadeesha as a pillion rider from Steel Plant Quarters to Namakkal for the purpose of visiting his relatives. While they were nearing Mallur Erikkarai, a State Transport Corporation bus bearing registration No.TSTC TN 55 N 172 came from Salem to Trichy and had overtaken the motor cycle, at that time, a Tempo Van bearing registration No.TN 37 1844 came from the opposite direction in a rash and negligent manner and hit the bus and went out of the control and also hit the motor cycle. Due to the impact, both the rider as well as pillion rider were thrown out and sustained grievous injuries all over the body. Immediately, the claimant was admitted in Salem Government Hospital. He claimed a sum of Rs.22,93,000/- as compensation. The said Tempo Van 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 claimants, P.Ws.1 to 5 were examined and documents Exs.P1 to P17 were marked. On the side of the appellant insurance company, R.W.1 one Natesan, who is the Senior Manager in Salem Steel Corporation was examined and no document was marked to substantiate their claim. P.W.1 is the claimant, P.W.2 is one Nadeesha, who is the pillion rider of the motor cycle, P.W.3 is Dr.T.N.Muralidharan, who is the Neurologist, P.W.4 is Dr.T.S.Vasu, who is the Ophthalmologist, P.W.5 Dr.Sundararajan were examined. Ex.P1 is the First Information Report. Ex.P2 is the wound certificate, Ex.P3 is the charge-sheet, Ex.P4 is the report of the motor vehicle's inspector, Ex.P5 is the judgment copy, Ex.P6 is the accident register, Ex.P7 is the claimant's treatment records, Ex.P8 is the disability certificate, Ex.P9 is the salary certificate, Ex.P10 is the PAN card, Ex.P11 is the income-tax form, Ex.P12 is the salary certificate of P.W.2, Ex.P13 is the PAN card of P.W.2, Ex.P14 is the income-tax form, Ex.P15 is the disability certificate, Ex.P16 is the Scan, Ex.P17 is X-ray 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 Tempo Van. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.