PITCHAI Vs. RIAJUNNISSA

JUDGEMENT

(1.) The Appeal has been preferred by The claimant aggrieved by The quantum awarded by The Tribunal.

(2.) The facts of The case are as follows:-

(3.) Ex.P1 FIR and EX.P3 Accident Register would show that the accident occurred because of the rash and negligent driving of the driver of the van. The Tribunal gave a finding in paragraph 5 of the award that it reached the conclusion based on the oral evidence of Pw1 and EX.P1. Apart from that the Tribunal took note of non-examination of driver of the van by the Insurance Company. In fact no one was examined on the side of the Insurance Company. Therefore, the Tribunal rightly found that the accident occurred because of the rash and negligent driving of the van. Moreover there was no appeal by the Insurance Company against the said finding and therefore it has reached finality and the same is confirmed.