MANJUNATHAN Vs. ELIZABETH

JUDGEMENT

(1.) (Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 24.11.2009 made in MCOP No.154 of 2008 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) at Gudiyattam.) By consent, the main appeal itself is taken up for final disposal at the time of admission.

(2.) THE appeal is preferred by the appellant-Insurance Company against the judgment and decree dated 24.11.2009 made in MCOP No.154 of 2008 on the file of the Motor Accident Claims Tribunal (Subordinate Judge) at Gudiyattam.

(3.) HEARD the learned counsel and perused the document on record. On the side of the claimants, the first respondent herein, who is the wife of the deceased, was examined as P.W.1. PW2-one Easupatham, the eye witness to the occurrence was also examined. Documents Exs.P1 to P9 were marked. Ex.P1 is the certified copy of the FIR. Ex.P2 is the certified copy of the Postmortem certificate. Ex.P3 is the death certificate. Ex.P4 is the Medical bills. Ex.P5 is the Transport bills. Ex.P6 is the certified copy of MVI report. Ex.P7 is the certified copy of charge sheet . Ex.P8 is the copy of the insurance policy. Ex.P9 is the salary certificate. On the side of the appellant-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 has given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the car and the finding is based on valid materials and evidence.