NEW INDIA ASSURANCE COMPANY LIMITED Vs. A VEERAMANI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award dated 09.04.2009 made in MCOP No,408 of 2008 by the Motor Accident Claims Tribunal (Principal Additional District Court), Salem.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Lavanya met with motor accident on 19.01.2008 at 15.30 hours. The said deceased minor Lavanya travelling as a pillion rider in motor cycle, belonging to her uncle Senthil Kumar, who is the rider. On the extreme left side of the road, near Green Park school opposite to rice Mill, Attur - Salem Main Road, at that time an Ambassador car belonging to the 4th respondent and insured with the appellant-Insurance Company which bearing registration No.TN-TMW-4943 came from Attur to Salem in a rash and negligent manner and dashed against the motor cycle. Due to which, the deceased and also rider of the motor cycle thrown out of the motor cycle and the pillion rider died on the spot and the rider sustained grievous injuries all over the body. The claimants are father, sister and brother of the deceased. They claimed a sum of Rs.5,00,000/- as compensation. The appellant-Insurance Company has resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P9 were marked. On the side of the appellant-Transport Corporation Mr. Rajakumaran, who is the Administrative Officer of the appellant-Insurance Company, was examined as R.W.1 and no document was marked to support their claim. P.W. Is the uncle of the deceased. P.W.2 is the father of the deceased. PW3 is the Doctor Rajamanickam. Ex.P1 is the copy of the First Information Report. Ex.P2 is the copy of the wound certificate. Ex.P3 is the Discharge summary. Ex.P4 is the medical bills. Ex.P5 is the copy of the post mortem Report. Ex.P6 is the Transfer Certificate of Sathya. Ex.P7 is the copy of the Lavanya's Postmortem report. Ex.P8 is the X-ray. Ex.P9 is the disability certificate. 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 car and the finding is based on valid materials and evidence.