UNITED INDIA INSURANCE CO , LTD Vs. N PANDI

JUDGEMENT

(1.) The first respondent filed M.C.O.P.No.97 of 2003 on the file of the Motor Accident Claims Tribunal,(Subordinate Judge) Paramakudi, claiming a sum of Rs. 2,50,000/- as compensation for the injuries suffered by him in the accident that took place on 13.08.2002. According to the first respondent, while he was travelling in the Van bearing Reg.No.TN.65-B-2440,belonging the second respondent herein, a lorry bearing Reg.No. TN.28B-3450 belonging to the fourth respondent herein driven by its driver in a rash and negligent manner and dashed against the Van and caused the accident. The owners of Van as well as the lorry remained ex-parte. The third respondent as well as the appellant filed a counter statement blaming the drivers of other vehicles.

(2.) Before the Tribunal, the first respondent/claimant examined himself as P.W.1 and one Doctor Ramadoss was examined as P.W.2 and marked 10 documents as Ex.A.1 to Ex.A.10. On behalf of the appellant and the third respondent, three witnesses were examined as R.W.1 to R.W.3. Two documents were marked as Ex.R.1 and Ex.R. The lorry driver was examined as R.W.1. The Van driver was examined as R.W.

(3.) The Tribunal considering the pleadings, oral and documentary evidence held that both the driver of the Lorry and Van are responsible for the accident and directed the appellant and the third respondent to pay the compensation awarded equally. The Tribunal considering the nature of injuries awarded a sum of Rs. 1,87,700/- as compensation.