MOHAMMED ISMAIL Vs. S CHIDAMBARAM

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated 10.11.2004 made in MCOP No.2913 of 1998 by the Motor Accident Claims Tribunal (III Judge, Court of Small Causes ), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: On 08.11.1998 at about 21.30 hours, while the claimant was walking at Annasalai Todhunter Nagar, a motor cycle belonging to the first respondent bearing registration No.TN-02-E-0970 came in a rash and negligent manner from South to North and hit against the claimant. Due to which, the claimant sustained grievous injuries. Immediately he was admitted in Government General Hospital, Chennai as inpatient. Though he claimed a sum of Rs.1,10,500/- as compensation, he restricted his claim to Rs.1,00,000/- before the Tribunal. The said motorcycle belonging to the first respondent was insured with the second respondent-Insurance company, which 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 P7 were marked. On the side of the respondents no witness was examined and no document was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Thiagarajan. PW3 is V.Pushparaj, ATSI Ex.P1 is the discharge summary. Ex.P2 is the series of bills. Ex.P3 is the EEG report. Ex.P4 is the scan report. Ex.P5 is the disability certificate. Ex.P6 is the First Information Report. Ex.P7 is the rough sketch. After considering the 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, the first respondent herein and the finding is based on valid materials and evidence.