LAWS(MAD)-2009-10-149

NATIONAL INSURANCE CO LTD Vs. G VIMALA

Decided On October 15, 2009
NATIONAL INSURANCE CO. LTD. Appellant
V/S
G.VIMALA Respondents

JUDGEMENT

(1.) THE appeal is preferred by the Transport Corporation-appellant against the Judgment and Decree made in MACT.OP.No.628 of 2006 on the file of the Motor Accidents Claims Tribunal (V Judge, Court of Small Causes) at Chennai dated 23.07.2008.

(2.) BACKGROUND facts in a nutshell are as follows: On 07.02.2006 at about 6.30 p.m., the injured was walking at Anna Nagar III Avenue road, Chennai. At that time, a motorcycle (M.80) bearing Registration No.TN-02-Q-4402 belonging to the second respondent herein came from south to north in a rash and negligent manner and dashed against the claimant/injured. Due to the same, she was sustained grievous injuries. She claimed a sum of Rs.6,00,000/- as compensation. The said motorcycle was insured with 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 P4 were marked. P.W.1 is the claimant. P.W.2 is one Dr.Thiagarajan. Ex.P.1 is the OP Chit from KMC Hospital. Ex.P.2 is the copy of the First Information Report. Ex.P.3 is the disability certificate. Ex.P.4 is the X-ray. On the side of the appellant-Insurance Company, no one was examined and no document was marked to support their claim. 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 riding of the rider of the motorcycle and the finding is based on valid materials and evidence.