NATIONAL INSURANCE COMPANY LIMITED Vs. TASNEEM KOWSER

JUDGEMENT

(1.) THIS appeal is preferred by the Insurance Company against the award dated 30.04.2004 made in MCOP No.1253 of 2000 on the file of the II Judge, Small Causes Court, Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: On 07.11.1999 at about 11.00 a.m., the deceased John Basha was proceeding in his TVS Suzuki motor bike bearing Registration No.TN 05 B 3251 towards Tiruttani. At that time, another TVS Suzuki bearing registration No.TN 09 J4761 driven by the second respondent, which came from the back side in a rash and negligent manner, dashed against the deceased, as a result of which, the deceased lost control, went off the road and dashed against the Palmyra tree and died on the spot. The claimants are the wife and daughters of the deceased. They claimed a sum of Rs.20,00,000/- as compensation before the Tribunal. The appellant-Insurance Company resisted the claim. On pleadings, the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 to 3 were examined and documents Exs.P1 to P11 were marked. On the side of the appellant-Insurance Company, no witness was examined and no document was marked to support their claim. P.W.1-Summiya Sultana is the daughter of the deceased John Basha. PW2 is one Manickam, who is an eye witness to the occurrence. PW3 is one Krishnamurthy, who is the co-employee of the deceased working in the office of the Superintending Engineer, Chennai Electricity Distribution Circle Central, Chennai-34. Ex.P1 is the salary certificate. Ex.P2 is the first information report. Ex.P3 is the post-mortem report. Ex.P4 is the death certificate. Ex.P5 is the charge sheet. Ex.P6 is the driving licence. Ex.P7 is the RC Book. Ex.P8 is the copy of the policy. Ex.P9 is the legal heir certificate. Ex.P10 is the salary certificate. Ex.P11 is the salary deduction details. After considering the 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 other TVS Suzuki bike bearing registration No.TN 09 J 4761 and the finding is based on valid materials and evidence.