MUNUSAMY Vs. R JANAKI

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the against the award dated 02.08.2004 made in M.C.O.P No.307 of 2001 by the Motor Accident Claims Tribunal, Kancheepuram (Additional District Judge, Fast Track Court-II, Kancheepuram).

(2.) BACKGROUND facts in a nutshell are as follows: One injured Munusamy met with motor traffic accident on 06.11.2000 at about 01.45 P.M. The said injured was the pillion rider of the Hero Honda bearing registration No.TN-23-X-3632. The Hero Honda was ridden by his friend one Santhakumar from Thirupukkuzhi towards Kancheepuram on the left side of the GWT road. While they were nearing Kizh Ambi Koot road, they turned the Hero Honda to the right side of the road for the purpose of going to Kancheepuram, and at that time, a car bearing registration No.TN 25 Y 1050 belonging to the first respondent came in the left side of the road in a rash and negligent manner and hit the Hero Honda. Due to the impact, both the rider as well as the pillion rider fell down and sustained grievous injuries. Both of them were admitted in Kancheepuram Government Hospital. The said car was insured with the second respondent insurance company who resisted the claim. On pleadings, the Tribunal framed the following issues:- 1. Whose negligence the accident was occurred? 2. What is the compensation, the claimant is entitled to?

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P34 were marked. On the side of the 2nd respondent insurance company, no one was examined and no document was marked to substantiate their claim. The claimant was examined as P.W.1. P.W.2 is Dr.A.Vaithyalingam. Ex.P1 dated 06.11.2000 is the copy of the FIR, Ex.P2 dated 16.10.2003 is the copy of the wound certificate, Ex.P3 dated 18.11.2000 is the discharge summary, Ex.P4 dated 09.03.2001 is the discharge summary, Ex.P5 dated 02.12.2000 is the blood bank Donor's slip, Ex.P6 dated 22.08.2001 to 25.08.2001 is the Medical bills issued by CMC Hospital Vellore, Ex.P7 dated 22.08.2001 is the visitor pass, Ex.P8 dated 11.04.2001 is the Hand and Leprosy Physiotherapy request, Ex.P9 dated 22.08.2001 is the ECG bill for Rs.130/- issued by C.M.C Hospital, Vellore, Ex.P10 dated 29.08.2001 is the cash receipt for Rs.35/-, Ex.P11 dated 11.04.2001 is the cash receipt for Rs.30/-, Ex.P12 dated 14.04.2001 is the cash receipt for Rs.50/-, Ex.P13 dated 07.04.2001 is the cash receipt for Rs.450/-, Ex.P14 dated 11.04.2001 is the cash receipt for Rs.30/-, Ex.P15 dated 05.09.2001 is the cash receipt for Rs.30/-, Ex.P16 dated 22.08.2001 is the cash receipt for Rs.7.50/-, Ex.P17 dated 18.08.2001 is the cash receipt for Rs.30/-, Ex.P18 dated 22.08.2001 is the cash receipt for Rs.250/-, Ex.P19 dated 26.06.2001 is the cash receipt for Rs.120/-, Ex.P20 dated 22.08.2001 is the cash receipt for Rs.149/-, Ex.P21 dated 18.08.2001 is the cash receipt for Rs.200/-, Ex.P22 dated 26.06.2001 is the cash receipt for Rs.35/-, Ex.P23 dated 05.09.2001 is the cash receipt for Rs.35/-, Ex.P24 dated 13.06.2001 is the cash receipt for Rs.30/-, Ex.P25 dated 30.04.2001 is the cash receipt for Rs.30/-, Ex.P26 dated 16.04.2001 is the cash receipt for Rs.3,816/-, Ex.P27 dated 14.04.2001 is the cash receipt for Rs.3,877.70/-, Ex.P28 dated 11.04.2001 is the cash receipt for Rs.1,272/-, Ex.P29 dated 19.04.2001 is the cash receipt for Rs.2,544/-, Ex.P30 dated 23.08.2001 is the cash receipt for Rs.822.60/-, Ex.P31 dated 20.08.2001 is the cash receipt for Rs.670/-, Ex.P32 dated 07.04.2001 is the cash receipt for Rs.1,055/-, Ex.P33 dated 25.12.2003 is the disability certificate and Ex.P34 is X-ray, 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 driving of the driver of the Hero Honda. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.