T STEPHEN KISHORE Vs. V KANNABIRAN

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal filed by the appellant/claimant against the Award and Decree made in MCOP No.125 of 1998 dated 20.09.2000 on the file of the VI Judge, Small Causes Court (Motor Accidents Claims Tribunal), Chennai.

(2.) THE brief facts arising out of the above appeal are as follows:- On 17.07.1997 at about 3.30 p.m., one Stephen Kishore/claimant met with an accident. While he was walking on the left side of G.S.T. Road, the rider of the Bullet bearing Registration No.PY-01 J 3669, who came from opposite direction in a rash and negligent manner, hit the appellant/claimant and had caused grievous injuries. THE first respondent is the owner of the said vehicle, which was insured with the second respondent/Insurance Company. THE claimant claimed a compensation of Rs.2,00,000/- before the Tribunal. THE second respondent/Insurance Company resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel on either side and perused the documents available on record. The claimant was examined as P.W.1. P.W.2 is Dr. Saichandran and P.W.3 is Dr. Rajappa. The following are the details of exhibits marked on behalf of the claimants: - Exs. P1 and Ex. P2 are the Discharge summary, Ex. P3 is the Scan report, Ex. P4-Medical report, Ex. P5-Medical Bills, Ex. P6-receipts, Ex.P7-Documents relating to transport charges, Ex. P8-FIR, Ex. P9-Season ticket, Ex. P10-Identity Card, Ex. P11 and Ex. P14-Disability Certificates, Ex. P12-X-ray, Ex. P13-Medical Certificate. On behalf of the second respondent/ Insurance Company, no one was examined and no documents were marked. 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 rider of the Motor Cycle and awarded a compensation of Rs. 1,53,000/- with interest at 12% p.a. from the date of petition. The finding is based on valid materials and evidence.