TAMILARASI Vs. C NATARAJAN

JUDGEMENT

(1.) THE appeal is preferred by the claimants against the fair and decreetal order made in MCOP No.179 of 2006, dated 18.02.2008 by the Motor Accident Claims Tribunal, Sub Court Tiruvarur.

(2.) BACKGROUND facts in a nutshell are as follows: On 03.11.2003 at about 10.45 a.m., one deceased Kaliyamoorthy met with a motor traffic accident. It is a fatal accident. The deceased was going by a bicycle on the left side of the road from Thirupalathurai Village to western side. At that time, a lorry bearing Registration No.TN-28-J-9006 belonging to the first respondent herein and insured with the second respondent herein came in a rash and negligent manner and dashed against the cyclist/deceased. Due to the same, the deceased died on the spot. The claimants are wife and children of the deceased. They claimed a sum of Rs.15,00,000/- as compensation. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimants, P.Ws.1 to 3 were examined and documents Exs.P1 to P6 were marked. P.W.1 is the wife of the deceased. P.W.2 is one Mr.Karunanidhi, who is the eyewitness to the accident. P.W.3 is one Mr. Ravichandran, who is working as an Assistant in Primary Health Centre. Ex.P.1 is the attested copy of the First Information Report. Ex.P.2 is the attested copy of the Postmortem report. Ex.P.3 is the attested copy of the Motor Vehicles Inspector's Report. Ex.P.4 is the attested copy of the Judgement of the Criminal Court. Ex.P.5 is the Legal heir certificate. Ex.P.6 is the salary certificate. On the side of the respondents/Insurance Company, no one was examined and no documents were marked to substantiate their claim. 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 belonging to the first respondent. The finding is based on valid materials and evidence and the same is hereby confirmed.