RAMASAMY Vs. G P MAHENDRAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 29.03.2007, made in M.C.O.P.No.171 of 2002, by the Motor Accident Claims Tribunal, Sub-Court, Bhavani. 2. Background facts in a nutshell are as follows: One Ramasamy met with motor vehicle accident that took place on 12.04.2002, at about 02.30 p.m. While he was riding his motorcycle bearing registration No.TDC 1530, on the left side of the north-south Velli Tiruppur to Chennampatti road. While he was nearing Santhai Panchayat Office, at that time a Maruthi Jeep bearing registration No.TN39 P6493, belonging to the second respondent and insured with the third respondent-Insurance Company, came in a rash and negligent manner and also at high speed and hit the two wheeler. Due to the same, the claimant sustained fracture injuries and immediately he was admitted in L.K.M.Hospital, Erode. He claimed a sum of Rs.2,50,000/- as compensation. THE third respondent Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:- "1. Whether the accident had happened due to the rash and negligent driving of the first respondent"

(2.) WHETHER the claimant is entitled to get compensation" If so, what is the quantum of compensation"" 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 Maruthi Jeep and awarded a compensation of Rs.99,585/- with interest at 6% per annum from the date of petition and the details of the same are as under:- Loss of income during the Rs. 36,000/- treatment period Pain and suffering Rs. 30,000/- Medical expenses Rs. 26,585/- Nutrition Rs. 5,000/- Transportation Rs. 2,000/- ----------------- Total... Rs. 99,585/- ----------------- Aggrieved by that award, the appellant-claimant has filed the present appeal for enhancement.

(3.) HEARD the counsel. On the side of the claimant, the claimant himself was examined as PW1 and Dr.Krishnaswami was examined as PW2 and documents Exs.P1 to P18 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. Ex.P1 is the Xerox copy of the certified copy of the First Information Report. Ex.P2 is the Xerox copy of the certified copy of the Rough Sketch. Ex.P3 is the Xerox copy of the certified copy of the Observation Mahazar. Ex.P4 is the Xerox copy of the certified copy of the Motor Vehicle Inspector's Report (TDL 1530). Ex.P5 is the Xerox copy of the certified copy of the Motor Vehicle Inspector's Report (TN39 P6483). Ex.P6 is the Wound Certificate. Ex.P7 is the certified copy of the Charge Sheet. Ex.P8 is the certified copy of the Judgment copy of the Judicial Magistrate. Ex.P9 is the Payment Receipt. Ex.P10 is the Receipt issued by the Hospital for payment. Ex.P11 is the Medicine Bills. Ex.P12 is the X-ray bill. Ex.P13 is the Prescription. Ex.P14 is the Partnership Deed. Ex.P15 is the X-rays. Ex.P16 is the Disability Certificate. Ex.P17 is the X-ray and Ex.P18 is the X-ray receipt. 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 Maruthi Jeep and hence the third respondent-Insurance Company is liable to pay compensation to the claimant. It is the question of fact and the findings is based on valid materials and evidence and hence the same is confirmed.