UNITED INDIA INSURANCE CO LTD Vs. SARASWATHI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the judgment and decree dated 17.04.2002 made in MCOP No.861 of 2000 on the file of the Motor Accident Claims Tribunal (I Additional District Judge), at Krishnagiri.

(2.) BACKGROUND facts in nutshell are as follows:The deceased Chandrasekara Pillai @ Harikumar met with motor vehicle accident on 20.04.2000 at about 13.15 hours. The said deceased Chandrasekara Pillai and two others were travelling in the Maruti Car bearing Registration No.KL04/G8200 from Kirshnagiri to go to Dharmapuri on the extreme left side of the road. When they were proceeding near old Dharmapuri Sri Murugan Naveen Rice Mill, the Lorry bearing Registration No.TDJ 5211 belonging to one Deivanai/4th respondent herein, which was insured with the appellant-Insurance Company came in a rash and negligent manner and dashed against the Maruthi Car. Due to the same, the deceased died on the spot. The claimants are father, mother and brother of the deceased. The claimants claimed a sum of Rs.37,47,000/- but restricted their claim to Rs.10,00,000/- as compensation before the Tribunal. The appellant-Insurance Company resisted the claim. On the 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 claimants, One Saraswathi, who is the mother of the deceased, was examined as P.W2 and also given her oral evidence. Ex. P7 is the Postmortem Report of the deceased. On the side of the appellant-Insurance Company, no one was examined and no documents were marked to substantiate their claim. After 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 lorry belonging to the fourth the respondent and the finding is based on valid materials and evidence.