BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD Vs. SUBRAMANI

JUDGEMENT

(1.) THE appeal is preferred by the Transport Corporation-appellant against the award and decree dated 03.03.2005 made in O.P.No.1894 of 2003 on the file of the Motor Accidents Claims Tribunal(Sub-Court), Krishnagiri.

(2.) BACKGROUND facts in a nutshell are as follows:

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P11 were marked. P.W.1 is the claimant. P.W.2 is one Dr.Ashok kumar. Ex.P.1 is the attested copy of the First Information Report. Ex.P.2 is the attested copy of the wound certificate. Ex.P.3 is the series of medical bills. Ex.P.4 is the attested copy of the Judgment. Ex.P.5 is the rental receipts of the car. Ex.P.6 is the lake lease. Ex.P.7 is the receipt of the fish bought. Ex.P.8 is the certificate of the Village Administrative Office. Ex.P.9 is the photo copy of the Insurance Policy. Ex.P.10 is the permanent disability. Ex.P.11 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 Hero Honda Splender and the finding is based on valid materials and evidence.