MANAGER UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAVI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award dated 18.12.2006 made in MCOP No.742 of 2005 on the file of the Motor Accident Claims Tribunal, (Additional District Judge, Fast Track Court No.III) Namakkal.

(2.) BACKGROUND facts in a nutshell are as follows:The first respondent/claimant met with motor vehicle accident that took place on 19.03.2002 at about 8.45 a.m. While the first respondent/ claimant was trying to get into the bus bearing registration No.TN-28-D-9787, which was belonging to the second respondent and insured with the appellant-Insurance company, on the Mohanur Bus stand in Namakkal District, the driver suddenly moved the same in a rash and negligent manner. Due to which, the claimant fell down from the bus and had sustained abrasion over left knee joint and fracture. The claimant was immediately admitted in R.K. Hospital, Namakkal as in-patient. He claimed a sum of Rs.6,25,000/- but restricted his claim to Rs.5,00,000/- as compensation. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:-"1.Whether the accident had occurred due to rash and negligent driving of the driver of the bus?.2.Whether the appellant is liable to pay compensation to the claimant-first respondent?.3.What is the quantum of compensation that the claimant is entitled to?.4.Any other relief?After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the bus, which belonging to the second respondent and awarded a compensation of Rs.2,89,000/- with interest at 7.5% per annum from the date of petition and the details of the same are as under:TABLEAggrieved by that award, the appellant-Insurance company has filed the present appeal.

(3.) HEARD the counsel. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P10 were marked. On the side of the appellant-Insurance company no witness was examined and no document was marked to support their claim. P.W.1 is the claimant. PW2 is the Doctor Kannappan. Ex.P1 is the First Information Report. Ex.P2 is the wound certificate. Ex.P3 is the Motor Vehicle Inspector's report. Ex.P4 is the charge sheet. Ex.P5 is the judgment. Ex.P6 is the medical receipts. Ex,P7 is the X-ray. Ex.P8 is the driving licence. Ex.P9 is the disability certificate. Ex.P10 is the X-ray. 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 driver of the second respondent and the finding is based on valid materials and evidence.