C K BALAJI Vs. P CHANDRASEKARAN

JUDGEMENT

(1.) THIS is a sad story of an army personnel. There was a claim of compensation for the injuries sustained by him. The claimant approached the Tribunal which awarded a sum of Rs. 4,63,808 (rupees four lakh sixty-three thousand and eight hundred and eight). Against the said award, the appeal has been preferred by the insurance company.

(2.) THE case of the respondent No. 1-claimant before the Tribunal was that he was working as Havildar in Indian Army earning about Rs. 5,300 per month and he sustained injuries when he was travelling on a motor cycle on 13.11.1997, which was hit by a car driven rashly and negligently and as a result of which the appellant was thrown out from the motor cycle and sustained fracture on the left wrist and injuries all over the body.

(3.) ON appreciation of the pleadings and evidence, the Tribunal found that accident occurred because of rash and negligent driving of the car and based on F.I.R., Exh. P1, charge-sheet, Exh. P2, Motor Vehicle Inspector's report, Exh. P10; and the reasons given in para 7 of the award. Claims Tribunal noted that there was no rebuttal evidence to prove the appellant's contentions.