THE NEW INDIA ASSURANCE CO LTD Vs. KANNAYIRAM

JUDGEMENT

(1.) The Insurance Company is the appellant. The 1st respondent had filed a claim petition before the Motor Accident Claims Tribunal at Chennai claiming compensation for the injuries sustained by him in a road accident happened on 1.5.2005 at 2.45 hrs at ECR Road. According to the 1st respondent, on 1.5.2005 at 2.45 hrs while he was walking along the left side of the ECR Road at Punjeri village an Ambassadar car bearing Registration No.TN09 M 0778 proceeding from Pondicherry to Chennai was driven in a rash and negligent manner and dashed against him. He sustained fractures on the right forearm and also crush injuries thereby suffered permanent disability and has claimed a sum of Rs.25 lakhs for compensation.

(2.) The appellant Insurance company resisted the claim. The fact of the accident and manner of accident was denied and the claimant was put to proof of the injuries sustained by him and the disability suffered by him. The enquiry was conducted by the II Small Cause Court, Small Causes, Chennai. The claimant was examined as P.W.1 and doctor was examined to prove the disability. He has also marked Ex.P.1 to P.17 as documents. Neither oral nor documentary evidence was adduced on the side of the respondents.

(3.) On the basis of oral and documentary evidence, the Tribunal found that the accident occurred due to rash and negligent act of the driver of the ambassador car and fixed the statutory liability on the appellant. While considering the compensation the Tribunal has awarded the following amounts: <FRM>JUDGEMENT_62_TLMAD0_2012_1.html</FRM>