ORIENTAL INSURANCE COMPANY LIMITED Vs. SIVAGAMI

JUDGEMENT

(1.) THE appeal is preferred by the claimants against the award dated 23.11.2006 made in MCOP. No,284 of 2006 by the Motor Accident Claims Tribunal ((Sub Court), Sankari.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Appu @ Ramasamy Gounder met with motor traffic accident on 22.07.2006 at about 7.15 p.m. It is a fatal accident. The deceased was riding TVS-50 bearing Registration No.TN-28 U-1361 proceeding from Sankari to Salem Main Road near Magudanchavadi Sathaipet towards Salem (East) side. At that time, the bus bearing registration No.TN-33-AH-7979 belonging to the 4th respondent herein came in a rash and negligent manner and hit behind the TVS-50 and caused accident. Due to the same, the deceased sustained grievous injuries and he was immediately taken to Government Hospital Salem and he died on the same day. The claimants are wife and sons of the deceased. The claimants claimed a sum of Rs.5,00,000/- as compensation. The said bus was insured with the appellant-Insurance Company. 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 P10 were marked. On the side of the appellant-Insurance Company, no document was marked and no one was examined to support their claim. PW1 is the wife of the deceased. PW2 is the oyer of the deceased. PW.3 is one Nagendran, who is an eye witness to the accident. Ex.P1 is the copy of the First Information Report. Ex.P2 is the copy of the postmortem certificate. Ex.P3 is the copy of the Insurance policy of the 4th respondent TN-33-AH-7979. Ex.P4 is the copy of the rough sketch. Ex.P5 is the copy of the Charge Sheet. Ex.P6 is the death certificate. Ex.P7 is the legal heir certificate. Ex.P8 is the Patta dated 26.06.2007. Ex.P9 is the copy of the driving licence of Palanisamy. Ex.P10 is the salary certificate of the deceased. After considering the above 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 bus belonging to the 4th respondent herein and the finding is based on valid materials and evidence.