PANDURANGAN Vs. PONNUSAMY

JUDGEMENT

(1.) THE appeal is preferred by the claimant against Award dated 18.04.2002 made in MCOP No.39 of 2002 on the file of the Motor Accident Claims Tribunal/Additional District Court (Fast Track Court No.IV), Erode at Bhavani.

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

(3.) HEARD the counsel. The claimant himself examined as P.W.1 and Thiru. R. Rajamanickam examined as PW2 and the documents Ex.P1 to Ex.P.10 were marked. Ex.P.1 is the First Information Report, Ex.P.2 and Ex.P.3 are the Reports of Motor Vehicles Inspector. Ex.P.4 & Ex.P.7 are the Wound Certificates. Ex.P.5 is the copy of the Charge Sheet. Ex.P.6 is the copy of the Judgment in Criminal Proceedings. Ex.P.8 is the series of Medical Bills. Ex.P.9 is the X-Ray and Ex.P.10 is the Disability Certificate. On the side of the respondents, Thiru. Subramani examined as RW1 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 driver of the bus and the finding is based on valid materials and evidence.