NATIONAL INSURANCE CO LTD Vs. S PRABHAKARAN

JUDGEMENT

(1.) 1. The Appeal is preferred by the Insurance Company-appellant against the Judgment and Decree dated 12.03.2007 and made in M.A.C.T.O.P. No.573/2004 by the Motor Accident Claims Tribunal (Subordinate Court, Ponneri).

(2.) BACKGROUND facts in a nutshell are as follows: On 20.102004 at about 8.45 a.m., the injured/claimant was walking on the left side of E.H. Road, opposite to door No.267, Viyasarpadi, Chennai-600 039. At that time, a Hero Honda motor cycle bearing Registration No. TN-05-H01095 belonging to the second respondent herein came in a rash and negligent manner and dashed against the injured. The claimant claimed a sum of Rs. 5,00,000/- as compensation. The said motor cycle was insured with the appellant-Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:

(3.) HEARD the counsel. The claimant himself examined as P.W.1. P.W.2 is Doctor Thiyaharajan also examined. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P17 were marked. Ex.P.1 is the First Information Report. Ex.P.2 is the copy of the Accident Register. Ex.P.3 is the Wound Certificate. Ex.P.4 is the Discharge Summary. Ex.P.5 is the document issued by the Puthur Hospital for taking treatment. Ex.P.10 is the Certificate of Continuous Treatment. Ex.P.11 is the series of Medical Bills. Ex.P.12 is the Driving License. Ex.P.13 is the Policy Certificate. Ex.P.14 is the Motor Vehicles Inspector's report. Ex.P.15 & Ex.P17 are the X-rays. Ex.P.16 is the Disability Certificate. On the side of the appellant-Insurance Company, no one was examined and no document was marked. 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 rider of the motor cycle and the finding is based on valid materials and evidence.