UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJENDRAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award dated 23.06.2006 made in MCOP No.1510 of 2004 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 28.06.2003 at about 3.15 p.m. While the first respondent/claimant was proceeding as pillion rider in Yamaha motor bike bearing registration No.TN-28-J-3888 from east to west direction near Vallipuram Bypass Road on the Namakkal to Karur Main Road at that time, a Van bearing registration No.TN-47-B-5059, which was coming from opposite direction and owned by the second respondent and insured with the appellant-Insurance company, in a rash and negligent manner, dashed against the two wheeler. Due to which, the claimant had sustained fracture and crush injury. The claimant was immediately admitted in Aravind Hospital, Nakammal and later in National Hospital, Erode as in-patient. He claimed a sum of Rs.12,35,000/- but restricted his claim to Rs.10,00,000/- as compensation. The appellant-Insurance company resisted the claim. 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 P18 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. Exs.P3 and P4 are the Motor Vehicle Inspector's reports.Ex.P5 is the charge sheet. Ex.P6 is the judgment. Ex.P7 is the rough sketch. Ex.P8 are the photographs. Ex.P9 are the medical receipts. Ex.P10 is the discharge summary. Ex.P11 is the driving licence of the claimant. Ex.P12 is the death certificate of the claimant's father. Ex.P1`3 is the legal heir certificate. Exs.P14 and P15 are the sale deeds. Ex.P16 is the patta. Ex.P17 is the permanent disability. Ex.P18 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.