ORIENTAL INSURANCE COMPANY LIMITED Vs. M RAJ

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 08.04.2005 made in MCOP No.4915 of 2001 by the Motor Accident Claims Tribunal (IV Small Causes Court), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:- One Raj, injured, met with motor traffic accident that took place on 12.03.2001 at about 10.30 hours. The injured was travelling as a pillion rider in the motor cycle bearing registration No.TN 01-R-1839, which was proceeding to Tiruvellore Jawaharlal Nehru Road, from South to North opposite to Government Hospital. At that time a car bearing Registration No.TSH 1933 came in a rash and negligent manner from opposite direction, in a very high speed and hit against the motor cycle. Due to the same, the said injured sustained multiple injuries. He claimed compensation of Rs.3 lakhs. The said car was insured with the Appellant-Insurance Company, who resisted the claim. 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 P12 were marked. On the side of the appellant-Insurance company no one was examined and no document was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Sai Chandran. Ex.P1 is the Accident Register. Ex.P2 is O.P.Chit. Exs.P3 to P6 are the discharge summaries of the claimant issued by Bilroth Hospital, Rudra Hospital, Anna Nagar Senthil Hospital and Government Royapettah Hospital respectively. Ex.P7 series are the Medical Bills. Ex.P8 is photo and negative of the claimant, Ex.P9 is the salary certificate, Ex.P10 is the copy of the First Information report, Ex.P11 is Disability Certificate and Ex.P12 is X.ray. After considering the oral and documentary evidence, the Tribunal had given a categorical finding that the accident occurred due to the rash and negligent driving of the driver of the car and the finding is based on valid materials and the same is confirmed.