UNITED INDIA INSURANCE CO LTD Vs. SUBRAMANIAM

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award and decree dated 25.02.2003 made in M.C.O.P.No.624 of 1999 on the file of the Motor Accidents Claims Tribunal, Sub- Judge, Thirupur.

(2.) BACKGROUND facts in a nutshell are as follows: The injured Subramaniam met with motor vehicle accident on 11.04.1999 at about 14.30 hours. The said injured was travelling in his moped from Kangeyam road to Thiruppur. At that time a car bearing registration no.TDY 9394 belonging to the second respondent and insured with the appellant-Insurance Company, came in a rash and negligent manner and dashed against the moped, due to which, the injured sustained grievous injuries. Immediately, the injured was taken to the Government hospital, Thirupur. The injured claimed a sum of Rs.7,00,000/- as compensation, before the Tribunal. The appellant-Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel and perused the documents available on record. On the side of the claimants P.W's.1 to 3, were examined and documents Exhibits P1 to P8 were marked. P.W.1 is the first respondent/claimant. P.W.2, Balasubramanium, is a contractor and P.W.3 is the Dr.Gnanaprakasam. Ex.P.1 is the Xerox copy of the First Information Report, Ex.P.2 is the Wound Certificate, Ex.P.3 is the Medical Certificate issued to the injured. Ex.P.4 is the Discharge Summary of the deceased, Ex.P.5 is the Medical Certificate of the injured, Ex.P.6 is the Medical Bill series, Ex.P.7 is the Disability Certificate, Ex.P.8 is the X-Ray. On the side of the appellant-Insurance Company, no one was examined and no documents were marked to substantiate their claim. 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 driver of the car insured with the appellant-Insurance Company and the finding is based on valid materials and evidence.