P. ALANGARAVALLI Vs. R. RAJARAMAN

JUDGEMENT

(1.) THE claimant has filed compensation petition in M.C.O.P.No.3269 of 1999, on the file of the Motor Accident Claims Tribunal / Fast Track Court No.IV, Chennai, against the respondents herein stating that on 07.04.1998, at about 00.30 hours, when she was travelling, as a coolie, in a lorry, on the G.S.T. Road, the lorry bearing Registration No.TN 28 6343, coming from the opposite direction and driven by its driver in a negligent manner had dashed against the lorry wherein she had travelled. As a result, she had sustained injuries.

(2.) THE Insurance Company has filed counter statement and opposed the claim petition. The respondent submitted that the accident was not caused due to any negligent driving of the 1st respondent. Further, the claim is not a bonafide one.

(3.) ON the side of the claimant, two witnesses were examined and 5 documents were marked as Exhibits P1 to P5 namely: Ex.P1 Discharge medical summary; Ex.P2 O.P.Chits; Ex.P3 F.I.R.; Ex.P4 Disability Certificate; and Ex.P5 X ray. PW1 had adduced evidence that on 07.04.1998, when she was travelling in a lorry from Chennai to Thoothukudi and while the lorry was proceeding on the G.S.T. Road, Tindivanam, the lorry bearing Registration No.TN 28 A 6343, driven by its driver in a negligent manner had dashed against the lorry in which she was travelling. As a result, she had sustained bone fracture injuries of her right hand and shoulder. Immediately, she had been admitted at Tindivanam Hospital, wherein she had been given preliminary treatment. Subsequently, she took treatment at Puthur, wherein treatment was given by the Doctors attached to bone setting hospital. Thereafter, she had undergone treatment at Stanley Hospital from 12.11.1998 to 01.12.1998 as inpatient, wherein surgical operation was conducted on her hand and steel plate was fixed. PW2, Doctor had assessed the disability at 45%.