BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD Vs. ELUMALAI

JUDGEMENT

(1.) THE appeal is preferred by the appellant " Insurance Company against the Judgment and Decree dated 14.03.2007 made in O.P.No.632 of 2005 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Gingee.

(2.) BACKGROUND facts in a nutshell are as follows: On 01.09.2004 at about 10.00 a.m., when the claimant was working in the field, the Tractor bearing Registration No.TN30-W-2692, belonging to the 2nd respondent herein and insured with the appellant-Insurance Company, came in a rash and negligent manner and also at high speed and hit the claimant. Due to the said impact, the claimant had sustained multiple fractures and immediately, he was given first aid in a private hospital, Chetpet and later, took treatment at Jipmer Hospital, Pondicherry and Government General Hospital, Chennai. The claimant claimed a sum of Rs.5,00,000/- as compensation. The said Tractor was insured with the appellant - Insurance company, who resisted the claim. On pleadings the Tribunal framed the following issues:- 1. Whether the accident had occurred only due to the rash and negligent driving of the driver of the Tractor" 2. Whether the claimant is entitled to the compensation". If so, what is the quantum of compensation" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the Tractor and awarded a compensation of Rs.3,86,000/- with interest at the rate of 7.5% per annum from the date of petition and the details of the same are as under:- Loss of Income due to 35% of disability - Rs.3,36,000/- Pain and suffering - Rs. 30,000/- Extra nourishment - Rs. 15,000/- Transport Charges - Rs. 5,000/- ------------------ Total - Rs.3,86,000/- ------------------ Aggrieved by that award, the appellant - Insurance Company has filed the present appeal for reduction.

(3.) HEARD both sides and perused the documents on record. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P7 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr.Ponnappan. Ex.P1 is the copy of the First Information Report. Ex.P2 is the copy of the Motor Vehicle Inspector's report. Ex.P3 is the copy of the Wound Certificate issued by the Government General Hospital, Chennai. Ex.P4 is the copy of the document with regard to treatment taken as in-patient in the Government General Hospital, Chennai. Ex.P5 is the Settlement, which was sent by the Insurance Company to the claimant. Ex.P6 is the Disability Certificate. Ex.P7 is the X-ray. 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 Tractor. The finding is based on valid materials and evidence and the same is confirmed.