UNITED INDIA INSURANCE CO LTD Vs. RAMACHANDRAN

JUDGEMENT

(1.) THE appeal is preferred by the insurance company against the award dated 23.06.2003 made in M.C.O.P No.466 of 1993 by the Motor Accidents Claims Tribunal, Principal District Judge, Tindivanam.

(2.) BACKGROUND facts in a nutshell are as follows: One injured Ramachandran met with an motor traffic accident on 02.08.1992 at about 06.00 P.M. The said injured was walking on the mud portion of the road. While he was walking near K.V.N Egg shop, Tindivanam, a Bajaj M.80 bearing registration No.T.S.I 6808 came in a rash and negligent manner and hit the injured. Due to the impact, the claimant fell down and sustained greivous injuries and fracture and also multiple injuries all over the body. He claimed compensation of Rs.50,000/-. The said Bajaj M.80 was insured with the appellant insurance company who resisted the claim. On pleadings, the Tribunal framed the following issues:- "1. Whether the accident had occurred due to the rash and negligent riding of the rider of the Bajaj M.80 or not? 2. What is the compensation the claimant is entitled to? After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent riding of the rider of the Bajaj M.80 and awarded a consolidated sum of Rs.25,000/- with interest @ 9% per annum from the date of claim. Aggrieved by that award, the appellant insurance company has filed the present appeal.

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P6 were marked. On the side of the appellant insurance company, R.W.1 one Anbazhagan, who is the officer of the insurance company was examined and Ex.R1 to Ex.R4 were marked. P.W.1 is the claimant. P.W.2 is Dr.Pugazhendhi. Ex.P1 dated 02.06.1991 is the copy of the First Information Report. Ex.P2 dated 02.08.1991 is the copy of the accident register, Ex.P3 dated 14.08.1992 is the motor vehicles inspector's report, Ex.P4 dated 29.11.1991 is the judgment copy, Ex.P5 is the disability certificate, Ex.P6 is the X-Ray series 2, were marked. Ex.R1 dated 18.07.1994 is the surveyor's report, Ex.R2 dated 05.12.2002 is the copy of the instructions given by the insurance company, Ex.R3 is the returned postal cover, Ex.R4 dated 17.10.2002 is the letter written by the insurance company to the Advocate 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 rider of the Bajaj M.80. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.