GOVERNMENT OF TAMILNADU Vs. C MURUGESAN

JUDGEMENT

(1.) THE appeal is preferred by the appellants against the award dated 4.12.2008 made in MCOP No.135 of 2006 by the Motor Accident Claims Tribunal, Erode District, Bhavani.

(2.) BACKGROUND facts in a nutshell are as follows: The injured C.Murugesan met with motor vehicle accident that took place on 25.10.2005 at about 12.30 p.m.. The said injured was riding his TVS XL Super bearing registration No.TN-33-11-2245 on the western lside of the North south Mettur-Bhavani road from south to North. When he was nearing opposite to Karpakam Petrol Bank, Chithar, at the time, an ambulance van bearing registration No.TN-36-G-0109 belonging to the 3rd appellant came in a rash and negligent manner and also in a high speed and hit the injured. Due to which, the claimant had sustained fracture and multiple injuries all over the body. Immediately he was admitted in Orthopedic Hospital, Bhavani. He claimed a sum of Rs.5,00,000/- as compensation. The appelants resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) ON the side of the claimant, P.Ws.1 and 4 were examined and documents Exs.P1 to P24 were marked. The injured himself was examined as P.W.1. PW2 is the Doctor M.A.Loganathan. PW.3 is the Doctor N.S.V.Kumar. Ex.P1 is the xerox copy of the First Information Report. Ex.P2 is the Rough sketch. Ex.P3 is the Seizure Mahazar. Ex.P4 is the Motor Vehicle Inspector's report. Ex.P5 is the xerox copy of the Motor Vehicle Inspector's report. Ex.P6 is the Wound Certificate. Ex.P7 is the copy of the charge sheet. Ex.P8 is the medical bills. Ex.P9 is the x-ray and medical bills. Ex.P10 & P11 are the discharge summary. Ex.P12 is the hospital receipt. Ex.P13 is the medical bills. Ex.P14 is the x-ray and Blood check up bills. Ex.P15 is the bills for bringing blood and lab receipt. Ex.P16 is the discharge summary. Ex.P17 is the bills for X-ray. Ex.P18 is the medicine receipts. Ex.P19 is the Discharge summary. Ex.P20 is the x-ray. Ex.P21 is the copy of the Wound Certificate. Ex.P22 is the Disability certificate. Ex.P23 is the X-ray. Ex.P24 is the bills of x-ray. ON behalf of the appellants one Dr.S.Kavitha was examined and no document was marked to support their claim. After considering the 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 ambulance van, and it is the question of fact and the same is confirmed.