K NAGARAJ Vs. VEERAM TRADINGS

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 08.04.2004 made in M.C.O.P No.200 of 1999 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 Nagaraj met with motor traffic accident on 24.02.1999 at about 02.30 A.M. The said injured was proceeding in a cycle from Tolgate towards his residence on the extreme left side of the Highway road. While he was nearing State Bank Colony Quarters, a lorry bearing registration No.TN-28-E-4422 belonging to the 1st respondent from Kancheepuram towards Chengalpattu came in a rash and negligent manner and suddenly turned the left side of the road and hit the cyclist. Due to the impact, the injured sustained multiple injuries. He was admitted in Kancheepuram Government Hospital. He claimed a sum of Rs.4,00,000/- as compensation. The said lorry was insured with the second respondent 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 to 3 were examined and documents Exs.P1 to P133 were marked. On the side of the 2nd respondent insurance company, no one was examined and no document was marked to substantiate their claim. P.W.1 is the claimant. P.W.2 is Dr.A.Vaithyalingam. P.W.3 is Dr.S.Gopalan. Ex.P1 dated 25.02.1999 is the copy of the FIR, Ex.P2 dated 24.02.1999 is the copy of the accident register, Ex.P3 is the treatment records given by Ramachandra Hospital, Ex.P4 to 133 are the series of medical bills, Ex.P123 dated 31.10.1996 is the copy of the provisional certificate, Ex.P124 is the copy of the diploma certificate, Ex.P125 is the mark sheet of the petitioner, Ex.P126 is the copy of the transfer certificate, Ex.P127 is the copy of the mark sheet in BBA, Ex.P128 is the copy of the certificate in English Typewriting Higher Grade, Ex.P129 is the copy of the certificate in Tamil Typewriting Higher Grade, Ex.P130 is the copy of the conductor certificate, Ex.P131 is X-ray of the claimant, Ex.P132 dated 03.07.2002 is the disability certificate issued by P.W.2 doctor, Ex.P133 dated 10.08.2003 is the disability certificate issued by P.W.3 doctor 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 lorry. It is a question of fact. The finding is based on valid materials and evidence and therefore, the same is confirmed.