P GOVINDASAMY Vs. P SURESH

JUDGEMENT

(1.) APPEAL filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment and Decree dated 19.04.2002 made in MCOP No.142 of 2002 on the file of the Motor Accident Claims Tribunal, Additional District Judge-Fast Track Court IV Erode at Bhavani.) 1. The appeal is preferred by the claimant against the Judgment and Decree dated 19.04.2002 made in MCOP No.142 of 2002 on the file of the Motor Accident Claims Tribunal, Additional District Judge-Fast Track Court IV Erode at Bhavani.

(2.) BACKGROUND facts in nutshell are as follows: The appellant/claimant met with motor vehicle accident on 09.10.2000 at about 8.30 a.m. While the injured was proceeding on his motor cycle bearing registration No.T.N 36/B 8981 from Appakudal to Kavundapady on left side of the road, a lorry bearing Registration No.TNN - 6390 belonging to the second respondent and insured with the third respondent came in the opposite direction in a rash and negligent manner and hit against the appellant/injured. Due to that impact, the injured sustained grievous injury on his right leg, right hand and all over the body. Immediately after the accident, he was admitted in private hospital for treatment. He claimed a sum of Rs.7,00,000/- as compensation. The third respondent/Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the learned counsel on either side and perused the materials available on record. On the side of the claimant, P.Ws.1 and 2 were examined and documents Exs.P1 to P19 were marked. On the side of the respondents, no one was examined and Ex.R1 - Policy alone was marked. P.W.1 is the claimant. PW2 is Dr.R.Rajamanickam. Ex.P1 is the First Information Report. Ex.P2 is the observation Mahazar. Ex.P3 is the Rough sketch. Ex.P4 is the charge sheet. Ex.P5 is the Copy of Accident Register. Ex.P6 is the Report of Motor Vehicle Inspector. Ex.P7 is the copy of Judgment of Criminal Proceedings. Ex.P8 is Driving licence of injured. Ex.P9 is the Lab Bills. Ex.P10 is Medical Bills. Ex.P11 is the Doctor Bills. Ex.P12 is the Scan Report. Ex.P13 is the medical prescriptions. Ex.P14 is the Salary Slip. Ex.P15 is the X-Ray film and C.T. Scan. Ex.A16 is the Policy copy of Lorry. Ex.A.17 is the Policy copy of Motor cycle. Ex.A.18 is the disability certificate. Ex.A19 is the X-ray Film. 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 lorry belonging to the second respondent and thereby caused injuries to the claimant and hence, he is entitled to a compensation. The finding is based on valid materials and evidence.