PALANISAMY ALIAS SENAPATHI GOUNDER Vs. SHANMUGAM

JUDGEMENT

(1.) THE appeal is preferred by the appellants-claimants against the award dated 04.04.2007 made in MCOP No.162 of 2006 on the file of the Motor Accident Claims Tribunal, Fast Track Court No.III, Dharapuram, Erode District.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased Muthukumar met with motor vehicle accident that took place on 13.01.2004 at about 4.30 p.m. While he was proceeding in his motorcyle along with one pillion rider, from West to East on the Northern extrimity of Nallur Road, a lorry bearing Registration No.TCY 9396 belonging to the first respondent and insured with the 2nd respondent/Insurance Company, came in a rash and negligent manner and also at high speed and hit the deceased. Due to the impact, the deceased sustained fatal injuries and immediately, he was taken to the Government Hospital. Later, he was referred to KMCH Hospital at Coimbatore, where he died on 14.01.2004. The claimants are parents and brother of the deceased. They claimed a compensation of Rs.10,00,000/-. The said lorry was insured with the 2nd respondent-Insurance, who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side and perused the documents on record. On the side of the claimants, P.Ws.1 to 3 were examined and documents Exs.P1 to P8 were marked. On the side of the respondents, no witness was examined and no documents were marked. P.W.1 " Palanisamy @ Senapathi Gounder is the father of the deceased. PW2 " Mr.Loganathan is an eye witness to the occurrence. PW3 " Mr.Subramani, is an employer of the deceased. Ex.P1 is the copy of the First Information Report dated 13.01.2004. Ex.P2 is the copy of the Observation Mahazar dated 13.01.2004. Ex.P3 is the copy of the rough sketch dated 13.01.2004. Ex.P4 is the Motor Vehicle Inspector's Report. Ex.P5 is the copy of the Postmortem Report. Ex.P6 is the copy of the Charge sheet. Ex.P7 is the copy of the death certificate. Ex.P8 is the Salary Certificate. After considering the above oral and documentary evidence, the Tribunal has given a finding that the accident had occurred due to the rash and negligent driving of the driver of the lorry. The finding given by the Tribunal is based on available materials and evidence and the same is confirmed.