K RAJAVEL ALIAS RAJA Vs. MURUGESAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 28.11.2000 made in MACTOP No.24 of 2000 by the Motor Accident Claims Tribunal, Karaikal.

(2.) BACKGROUND facts in nutshell are as follows: The injured-Rajavelu met with motor vehicle accident on 15.10.1999 at about 7.30 a.m., The injured was driving his Ambassador Car bearing registration No.TN-31/V/8888 from Karaikal to Tanjore from East to West. When he was nearing Ammaiyappan at Tanjore road, a tanker lorry bearing registration No.TN-28/B-2955 belonging to the second respondent, which came on the opposite direction in a rash and negligent manner, dashed against the the Ambassador Car. Due to the impact, the appellant/claimant had sustained grievous injuries. Immediately after the accident, he was admitted in Tanjore Medical College Hospital and took treatment for 4 days as inpatient. The said lorry was insured with the third respondent/Insurance Company who resisted the claim. He claimed a sum of Rs.6,27,000/- but restricted to Rs.5,00,000/- as compensation before the Tribunal. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs. P1 to P7 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr. Veeramuthu, who examined the appellant/claimant and issued the disability certificate. Ex.P1 is the copy of the First Information Report. Ex. P2 is the copy of the Insurance Policy. Ex.P3 are the medical bills. Ex. P4 is the Discharge Card of the petitioner. Ex.P5 is the Physically Handicapped Certificate issued by P.W.2. Ex.P6 is the Taxi bills. Ex. P7 is the copy of the driving licence of the petitioner. 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 tanker lorry. The finding is based on valid materials and evidence and the same is confirmed.