NATIONAL INSURANCE CO LTD Vs. A MARIMUTHU

JUDGEMENT

(1.) THIS appeal is filed against the award and decree dated 16.3.2005 made in M.CO.P. No. 92 of 2003 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, (FTC iii),Namakkal.

(2.) IT is a case of injury. The accident in this case happened on 14.5.2003. The claimant Marimuthu, 45 years old photographer, was travelling as a passenger in the auto rickshaw insured with the appellant. Due to rash and negligent driving by the driver, the auto rickshaw turned turtle. In that accident, the claimant suffered injuries to his left arm, chest and face. The Wound Certificate Exhibit A-2 states that he suffered fracture of the left shaft humerus and fracture of the 7th and 8th rib on the left side. The ultra sound shows rupture of the spleen. All the three injuries were found to be grievous in nature.

(3.) THE Tribunal based on the oral and documentary evidence accepted the plea of negligence on the part of the driver of the auto rickshaw. This is based on the F.I.R. and other documents filed. THE Tribunal came to the conclusion that the driver of the auto rickshaw was negligent and was responsible for the accident and consequently, fixed the liability on the appellant to compensate the claimant.