NEW INDIA ASSURANCE CO LTD Vs. LOGANATHAN

JUDGEMENT

(1.) THE Civil Miscellaneous Appeals are filed by the appellant/Insurance Company against the Award and Decree made in MCOP Nos.816 of 1995 and 666 of 1995 dated 23.11.2001 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) Tiruppur.

(2.) BACKGROUND facts in a nutshell are as follows:- On 09.07.1995 at about 14.30 hours, while one Loganathan was riding the bike bearing Registration No. TN-39-2433 along with one Jeevanandam, who was the pillion rider, from south to north direction from Tirupur to Dharapuram Road, a car bearing Registration No. TMI-2696 belonging to one Easwaran, the third respondent herein, which came in a rash and negligent manner, hit against the bike. Due to the said impact, the rider as well as the pillion rider fell down and sustained grievous injuries. Both of them were admitted in the Government Hospital, Tirupur. In C.M.A. No. 91 of 2003, the claimant claimed a compensation of Rs. 15,10,000/- but restricted his claim to Rs.12,00,000/- and in C.M.A. No. 92 of 2003, the claimant claimed a compensation of Rs.13,10,000/- but restricted his claim to Rs.8,00,000/- before the Tribunal. The appellant / Insurance Company has resisted the claims. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, witnesses P.W.1 to P.W.3 were examined and documents Ex.P1 to Ex.P9 were marked. On the side of the appellant/Insurance Company, no one was examined as witness and no document was marked to substantiate their claim. P.W.1-Loganathan is the claimant in CMA No.91 of 2003. P.W.2-Jeevanandam is the claimant in CMA No.92 of 2003. P.W.3-Mohammed Subair is the Doctor. The following exibits were marked on the side of the claimants:- Ex.P1-Xerox copy of F.I.R. Ex.P2-Loganathan discharge summary Ex.P3-Wound certificate of Loganathan Exs.P4 and P5-Medical bills of Loganathan Ex.P6-Xerox copy of wound certificate relating to one Nachimuthu Ex.P7-Medical bills of Jeevanandam Ex.P8-Disability certificate of Jeevanandam Ex.P9-Disability certificate of Loganathan 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 car belonging to the appellant/Insurance Company and awarded a compensation of Rs.4,50,000/- with interest at 9% p.a. from the date of petition in respect of MCOP No.816 of 1995 (CMA No.91 of 2003) and Rs.2,10,000/- with interest at 9% p.a. from the date of petition in MCOP No.666 of 1995 (CMA No.92 of 2003). The finding given by the Tribunal is based on valid materials and evidence.