CHINNAPPAN Vs. K.P. RAMRAJ

JUDGEMENT

(1.) BEING aggrieved by the decision of the Claims Tribunal, in exonerating Oriental Insurance Co. Ltd., the Second Respondent herein, from indemnifying the owner of the Tempo Van, bearing Registration No.TCF -5234, which met with an accident on 15.04.1998, in which, he Appellant/Claimant is stated to have travelled along with cattle and sustained injuries, the present Appeal has been filed.

(2.) IT is the case of the Appellant/Claimant that when he travelled in the abovesaid Tempo Van towards Satyamangalam, due to rash and negligent driving of the driver, the vehicle capsized and as a result, he sustained a fracture of both interior and superior Rami, ruputure of posterior urethral and other injuries. He took treatment in Sri Gokulam Hospital, Salem, a private hospital. For the injuries sustained, he claimed compensation of Rs.5,00,000/ -.

(3.) BEFORE the Claims Tribunals, the Appellant/Claimant examined himself as P.W.1. Driver of the Tempo Van involved in the accident has been examined as PW.2. PW.3 is the Doctor, who examined the Appellant/Claimant, with reference to medical records. Ex.P1 - FIR, Ex.P2 -Motor Vehicles Inspector 's Report, Ex.P3 - Criminal Court judgment, Ex.P4 -Salary Certificate, Ex.P5 -Wound Certificate, Ex.P6 -Discharge Summary, Ex.P7 -Medical Bills, Ex.P8 -Driving Licence, Ex.P9 -X -Ray and Ex.P10 -Disability Certificate have been marked, on the side of the Appellant/Claimant.