M SUBRAMANIAM Vs. M CHANDRASEKARAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 30.04.2002 made in MCOP No.100 of 2002 by the Motor Accident Claims Tribunal (Additional District Court cum Fast Track Court No.IV), Erode.

(2.) BACKGROUND facts in a nutshell are as follows: The appellant/claimant is the injured in a motor vehicle accident that took place on 08.10.1999 at about 7.30 p.m. While the appellant/claimant was walking from south to north at the junction of Sathy road and Mettur Road, the first respondent drove the lorry bearing registration No.TDA 6574 belonging to the second respondent and insured with the third respondent, in a rash and negligent manner and hit the petitioner. Due to the said impact, the claimant sustained lacerated injuries. The claimant was immediately admitted in Government Hospital, Erode. The claimant claimed a sum of Rs.1,80,000/- as compensation. The third respondent - Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side and perused the materials available on record. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P12 were marked. On the side of the third respondent, no one was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr.R.Rajeshkumar. PW3 is one Senkkottuvelu. Ex.P1 is the First Information Report. Ex.P2 is the copy of accident register. Ex.P3 is the copy of charge sheet. Ex.P4 is the copy of judgment in criminal proceedings. Ex.P5 is the medical bills. Ex.P6 is the discharge receipt. Ex.P7 is the x-ray film. Ex.P8 is the disability certificate. Ex.P9 is the x-ray film. Ex.P10 wound certificate. Ex.P11 is the salary bill. Ex.P12 is the authorization letter. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to rash and negligent driving of the driver of the lorry belonging to the second respondent. The finding is based on valid materials and evidence.