KRISHNMOORTHY Vs. S KARUPPANNAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against award dated 28.02.2007 made in MCOP No,23 of 2005 (renumbered as MCOP No.190/2006) by the Motor Accident Claims Tribunal (Fast Track Court No.3), Dharapuram.

(2.) BACKGROUND facts in a nutshell are as follows: The claimant met with a motor vehicle accident that took place on 31.10.2004 at about 8.00 p.m. The appellant/claimant was proceeding in his TVS-50 bearing Registration No.TN-33-W-0720 from his residence to the Factory, his working place. When he was nearing Sumathi Tea Stall, Kangayam to Tirupur Main Road, Kangayam town from South to North at the left extremity of the road, the Van bearing Registration No. TN-33-Z-2860 came South to North in a rash and negligent manner and dashed against the claimant due to the which the claimant sustained head injury and grievous injuries all over the body. The first respondent, who is the owner of the vehicle, insured the same with the second respondent, who resisted the claim. The claimant 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 and 2 were examined and documents Exs.P1 to P9 were marked. On the side of the respondents, no witness was examined and no documents were marked to substantiate their claim. P.W.1 is the claimant. PW2 is Dr.Selva Perumal. Ex.P1 is the certified copy of the First Information Report. Exs.P2 and P3 are the certified copy of the Motor Vehicle Inspector's Reports. Ex.P4 is the certified copy of the wound certificate Ex.P5 is the Discharge Summary. Exs.P6 and P7 are series of Medical Bills. Ex.P8 is the E.C.G. Ex.P9 is the disability certificate. After considering the above oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred only due to rash and negligent driving of the first respondent. The finding is based on valid materials and evidence.