UNITED INDIA INSURANCE COMPANY LIMITED Vs. S SRINIVASAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant/Insurance Company against the award dated 12.11.2008 made in MCOP No,882 of 2005 by the Motor Accident Claims Tribunal (Sub Court) Thiruvallur.

(2.) BACKGROUND facts in a nutshell are as follows: The first respondent-claimant was injured in a motor vehicle accident that took place on 28.05.2005 at about 5.30 a.m. The first respondent/claimant was proceeding in his motor cycle bearing registration No.TN 23 AZ 3359 from Arakonam to Kancheepuram. While he was nearing Parameshwaramangalam, a van bearing registration No.TN-20 E 7276, which was belonging to the first respondent and insured with the second respondent driven by its driver in a rash and negligent manner and dashed against the claimant. Due to which, the claimant sustained injuries. Immediately he was admitted in the Government Hospital, Arakonam and later referred to Government General Hospital, Chennai for better treatment. He claimed a sum of Rs.5,00,000/- as compensation. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P17 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 is the claimant. PW2 is Doctor Saichandran. Ex.P1 is the copy of the First Information Report. Ex.P2 is the copy of the Rough sketch. Ex.P3 is the O.P chit issued by General Hospital, Arakonam. Ex.P4 is the Discharge certificate dated 6.07.2005. Ex.P5 is the Discharge certificate dated 16.09.2005. Ex.P6 is the Discharge certificate dated 24.4.2007. Exs.P7 and P8 are Medical receipts. Ex.P9 is X-ray. Ex.P10 are the series of medical bills. Ex.P11 is the record sheet. Ex.P12 is the photo of the claimant. Ex.P13 is the railway tickets. Ex.P14 is the receipt for+ payment of premium. Ex.P15 is the X-ray. Ex.P16 is the disability certificate. Ex.P17 is the X-ray. 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 first respondent's Van and the finding is based on valid materials and evidence.