KARTHIKEYAN Vs. G VIJAYALAKSHMI

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the judgment and decree dated 28.10.2004 made in M.A.C.T.O.P. No.282 of 2003 on the file of the Motor Accident Claims Tribunal & Additional District Court (Fast Track Court No.V), Tirupur.

(2.) THE background facts in a nutshell are as follows:- On 03.11.2002, at about 08.30 a.m., the claimant/appellant met with motor vehicle accident. When the injured was proceeding in his moped, bearing Registration No.TN-39-Q-6487, towards West on the extreme left side of Tirupur-Kangeyam road near Rakkiyapalayam pirivu, a van bearing Registration No.TN-47-7174, belonging to the first respondent herein, came in the same direction in a rash and negligent manner and hit against the moped. Due to the said impact, the appellant/claimant sustained grievous injuries all over the body. Immediately, he was taken to the Government Hospital, Tirupur and later he was referred to Kovai Medical Center and Hospital Limited, Coimbatore for better treatment. THE claimant claimed a compensation of Rs.5,00,000/-. THE said van was insured with the second respondent-Insurance Company, who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side. On the side of the claimant/appellant, P.Ws1 to 3 were examined, the claimant was examined himself as P.W.1, Dr.Sachithanadan was examined as P.W.2 and one Jagadeesan is the co-employee of the claimant was examined as P.W.3 and nine documents, Exs.P.1 to P.9 were marked. Ex.P.1 is the copy of First Information Report. Ex.P.2 is the copy of wound certificate. Ex.P.3 is the discharge summary issued by the Kovai Medical Center and Hospital Limited, Coimbatore. Ex.P.4 is the medical bills. Ex.P.5 is the medical report. Ex.P.6 is the salary certificate. Ex.P.7 is the disability certificate. Ex.P.8 is the X-ray. Ex.P.9 is the authorisation letter. On the side of the second respondent/Insurance Company, no one was examined and no document was marked to substantiate their claim. 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 driver of the van and the finding is based on valid materials and evidence. It is a question of fact, the same is confirmed.