R VANAJA Vs. P GANESAN

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the appellant-claimants against the Decree and Judgment dated 30.07.2003 passed by the Learned Subordinate Judge, Motor Accident Claims Tribunal, Namakkal in MCOP No.393 of 2002.

(2.) BACKGROUND facts in a nutshell are as follows:- On 28.01.2002, at about 04.30 p.m., one Ravichandran met with motor traffic accident. When he is riding his T.V.S.50 bearing Registration No.T.A.M.2795 in Namakkal-Trichy Main Road, near Veppanatham, a Tempo Van bearing Registration No.T.N.28.B.2652 came in rash and negligent manner and also with high speed and hit the two wheeler. Due to the said impact, the deceased sustained multiple grievous injuries and also head injuries. Immediately, he was taken to SKS hospital, Salem and he died on 29.01.2002. The claimants are wife and minor daughter who claimed a compensation of Rs.23,00,000/-. The said Tempo was insured with the second respondent Insurance Company, who resisted the claim. On pleadings, the following issues were framed by the Tribunal:- a) Whether the accident had happened due to the rash and negligent driving of the driver of the Tempo Van bearing Registration No.T.N.28.B.2652" b) Whether the claimants are entitled for the compensation" If so how much" 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 Tempo Van and award a compensation of Rs.2,34,260/- with interest at 9% p.a. from the date of petition and the details of compensation is hereunder: Loss of Income - Rs.2,04,000/- Medical Expenses - Rs. 6,260/- Loss of Consortium & Loss of love and affection -Rs. 20,000/- Transportation - Rs. 2,000/- Funeral Expenses - Rs. 2,000/- -------------------- Total Rs.2,34,260/- ------------------- Aggrieved by the award, the appellants/Claimants have filed the present appeal for enhancement.

(3.) HEARD the learned counsel on either side and perused the materials available on record. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.P1 to P8were marked. On behalf of the respondents, no one was examined and no documents were marked. P.W.1 the father of the deceased was examined. P.W.2 one Loganathan was examined. Ex.P1 is the copy of FIR, Ex.P2 is the copy of Post Mortem Certificate. Ex.P3 is the copy of M.V.Inspector. Ex.P4 is the copy of charge sheet, Ex.P5 is the original of Death Certificate, Ex.P6 is the original Legal heir certificate, Ex.P7 is the Medical Bills, Ex.P8 is the Certificate dealing spare parts. After considering the facts and circumstances of the case, the Tribunal held that the accident was caused due to the negligent driving of the driver of the Tempo Van. The finding given by the Tribunal is based on material evidence and it is a question of fact and not a perverse order and therefore, the same is confirmed.