NATARAJAN Vs. ELLIKA VENGAIYA

JUDGEMENT

(1.) THE appeal is preferred by the claimants against the award dated 28.09.2007, made in M.C.O.P.No.847 of 1998, by the Motor Accident Claims Tribunal, District Judge, Thiruvannamalai.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Manivannan met with motor vehicle accident that took place on 11.07.1998 at about 8.45 a.m. The deceased was standing on the side of the Pepsi Company. At that time, a jeep bearing registration No.AAX5539, belongs to the respondents herein came in a rash and negligent manner and hit against the Manivannan. Due to which, the deceased sustained fatal injuries and died on the spot. The claimants are the parents, brother and sister of the deceased. They claimed a sum of Rs.3,00,000/- as compensation before the Tribunal. The said Jeep belonging to the respondent-Police Department, who resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel and perused the documents available on record. On the side of the claimants, P.Ws 1 and 2 were examined and documents Exs.P1 to P6 were marked. On the side of the respondents, Vengaiya, first respondent, driver of the jeep was examined as RW1 and no documents were marked to substantiate their claim. P.W.1 is the father of the deceased. PW2, one Easwari, is an eye witness to the occurrence. Ex.P1 is the Xerox copy of the First Information Report. Ex.P2 is the Xerox copy of the Motor Vehicle Inspector's Report. Ex.P3 is the Xerox copy of the Post-mortem Report. Ex.P4 is the Xerox copy of the Charge Sheet. Ex.P5 is the Driving License. Ex.P6 is the Translated copy of the First Information Report. After considering the above 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 jeep and the respondent is liable to pay compensation to the claimant. It is the question of fact and the same is confirmed.