UNITED INDIA INSURANCE CO LTD Vs. SRINIVASAN

JUDGEMENT

(1.) THE appeal is preferred by the insurance company against the award dated 28.02.2005 made in M.C.O.P No.33 of 2003 by the Motor Accident Claims Tribunal (Subordinate Judge Court), Cheyyar.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Srinivasan met with motor traffic accident on 12.11.2002 at about 02.00 P.M. The injured was travelling as a pillion rider along with his friend Babu in a Bajaj 4s bearing registration No.TN 09E 4477. While he was nearing MBT Road near Perukkarambur Koortoad, a Hero Honda Splendour bearing registration No.TN 29 d 1147 came in a rash and negligent manner in the opposite direction and hit the Bajaj 4s. Due to the impact, the claimant was thrown away and sustained grievous injuries all over the body. He claimed a sum of Rs.5,00,000/- as compensation. The said Hero Honda 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 and 2 were examined and documents Exs.P1 to P14 were marked. On the side of the appellant insurance company, R.W.1 one Jayapal, who is the officer of the insurance company was examined and no document was marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr.Kannan Isac. Ex.P1 is the copy of the First Information Report. Ex.P2 is the wound certificate given by S.M.H Hospital, Ex.P3 is the ITI certificate of the claimant, Ex.P4 is the copy of the certificate relating ITI practice in Cheyyar, Ex.P5 is the copy of the certificate from TNSTC, Ex.P6 to P8 are the medical bills, Ex.P9 is the copy of the driving licence, Ex.P10 is the copy of policy, Ex.P11 is the copy of R.C Book, Ex.P12 is the copy of the both motor vehicle-s report, Ex.P13 is the copy of the final report, Ex.P14 is the permanent disability certificate 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 riding of the Hero Honda and awarded compensation. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.