NATIONAL INSURANCE COMPANY LTD Vs. P ARUNACHALAM ADVOCATE

JUDGEMENT

(1.) WHEN the appeal came up for admission, by consent, the main appeal itself is taken up for final hearing.

(2.) THE appeal is preferred by the appellant-Insurance Company against the judgment and decree dated 26.06.2010 made in M.C.O.P. No.53 of 2006 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Namakkal.

(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 and 2 were examined and Exs.P.1 to P.12 were marked. On the side of the appellant-Insurance Company, no witness was examined and no document was marked, to substantiate their claim. The claimant was examined as P.W.1. Dr.Sivakumar was examined as P.W.2. Ex.P.1 is the certified copy of First Information Report. Ex.P.2 is the certified copy of Wound certificate. Ex.P.3 and Ex.P.4 are the certified copies of Motor Vehicle Inspector's reports. Ex.P.5 is the Charge sheet. Ex.P.6 is the certified copy of judgment. Ex.P.7 is the original copy of doctor's prescriptions. Ex.P.8 is the original copy of medical bills. Ex.P.9 is the original copy of discharge summary. Ex. P.10 and Ex.P.11 are the X-rays. Ex.P.12 is the disability certificate. 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 van and the finding is based on valid materials and evidence.