CHAKRAVARTHY Vs. C J JOSEPH

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated 02.02.2006 made in MCOP No.1837 of 2004 by the Motor Accident Claims Tribunal (II Court of Small Causes), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows: On 28.01.2004 at about 9.00 a.m, when the appellant/claimant was walking on Chengalamman bus stand, G.N.T. Road, near Co-operative Society Gowdown, a lorry bearing Registration No.KCF 6390 belonging to the first respondent herein and insured with the second respondent, came in a rash and negligent manner and dashed against him. Due to the said impact, the claimant had sustained multiple injuries. Immediately he was admitted in Government General Hospital, Chennai as in-patient. He claimed a sum of Rs.4,00,000/- as compensation. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P9 were marked. On the side of the respondents, no one was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is one Dr. S. Gopalan. P.W.3 is Dr.N.Saichandran. Ex.P1 is the medical discharge summary. Ex.P2 is photo and negative. Ex.P3 is the First Information Report. Ex.P4 is the salary certificate. Ex.P5 is leave certificate. Exs.P6 and P8 are the disability certificates. Exs.P7 and P9 are X-Rays. 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 lorry driver and the said finding is based on valid materials and evidence.