DIVISIONAL MANAGER Vs. RAMAMURTHY

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 29.01.2004, made in MCOP No.751 of 2002 by the Motor Accident Claims Tribunal (Second Additional District Judge), Pondicherry.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent/claimant met with motor vehicle accident that took place on 25.01.2002 at about 03.30 p.m. The first respondent/claimant was walking along with his father on the extreme left side of the road at 100 feet road from south to north direction. At that time, the Ambassador car bearing registration No.PY01 F8029, belonging to the second respondent herein and insured with the appellant-Insurance Company, proceeding from the opposite direction, came in a rash and negligent manner and also at high speed and hit against the injured. Due to which, the claimant had sustained grievous injuries. The claimant was immediately admitted in Government General Hospital, Pondicherry. He claimed a sum of Rs.3,00,000/- as compensation. The appellant Insurance Company 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.A1 to A9 were marked. On the side of the appellant-Insurance company no witness was examined and no documents were marked to support their claim. P.W.1 is the claimant. PW2 is Doctor Ramanujam. P.W.3 is Doctor Rajaram. Ex.A1 is the photo copy of the First Information Report. Ex.A2 is the xerox copy of the AIR. Ex.A3 is the photo copy of the Insurance Certificate. Ex.A4 is the Discharge slip. Exs.A5 is the Medical Certificate, Ex.A6 is Medical Bill/receipt, Ex.A7 is Prescription of Doctor (2 Nos.), Ex.A8 is the Disability Certificate and Ex.A9 is X-ray film of the claimant. After considering the 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 Ambassador car and the finding is based on valid materials and evidence.