NATIONAL INSURANCE COMPANY LIMITED Vs. P SEENIVASAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the judgment and decree 04.03.2010 made in M.C.O.P. No.1454 of 2004 on the file of the Motor Accident Claims Tribunal, (Additional District Judge, Fast Track Court No.II), Salem.

(2.) THE background facts in a nutshell, are, as follows:- On 19.07.2004, at about 9.00 p.m., the first respondent/P.Seenivasan met with motor vehicle accident. THE claimant after purchase of fabrics at Salem, he engaged a van bearing Registration No.TN-47-B-0772 for hire to transport the fabrics from Sellanaickenpatty to Erode. THE claimant was also travelling in the van. When the van was nearing Komberipatty Medu, the driver drove the same in a rash and negligent manner and at high speed and hit against a lorry, bearing Registration No.TAL-9950, which was parked on the road side. Due to the said impact, the first respondent/claimant sustained grievous injuries. Immediately, after the accident, he was admitted in the Salem Government Mohan Kumaramangalam Hospital. He claimed a compensation of Rs.16,92,000/- before the Tribunal. THE said van was insured with the appellant-Insurance Company, who resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side and perused the documents available on record. On the side of the first respondent/claimant, P.Ws.1 to 3 were examined and Exs.P.1 to P.20 were marked. On the side of the appellant-Insurance Company, R.W.1 was examined and Ex.R.1 was marked, to substantiate their claim. The claimant was examined as P.W.1. one Govindaraj, co-passenger was examined as P.W.2. Doctor Sridhar was examined as P.W.3. Ex.P.1 is the certified copy of First Information Report. Ex.P.2 is the A.R. Copy of the claimant. Ex.P.3 is the Motor Vehicle Inspector's report (van). Ex.P.4 is the Motor Vehicle Inspector's report (lorry-TAL-9950). Ex.P.5 is the Charge sheet. Ex.P.6 is the complaint by Shanmughavel. Ex.P.7 is the statement of Seenivasan/claimant. Ex.P.8 is the S.T.R. extract. Ex.P.9 is the salary certificate. Ex.P.10 is the Sivasakthi Textiles Invoice, Bill. Ex.P.11 is the rough sketch. Ex.P.12 is the wound certificate of the claimant. Ex.P.13 is the medical prescriptions. Ex.P.14 is the medical bills. Ex.P.15 is the X-ray (18). Ex.P.16 is the scan report. Ex.P.17 is the scan. Ex.P.18 is the discharge summary. Ex.19 is the disability certificate. Ex.P.20 is the X-ray. R.W.1-Isaiamudhu is the officer of the Insurance coompany. Ex.R.1 is the copy of the Insurance policy. 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 driver of the van and the finding is based on valid materials and evidence.