ORIENTAL INSURANCE CO LTD Vs. G RAJENDRAN

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 07.04.2004 made in MCOP No.4637 of 1999 by the Motor Accident Claims Tribunal (VI Court of Small Causes), Madras.

(2.) BACKGROUND facts in a nutshell are as follows: One Mr.G.Rajendran, injured claimant met with a motor vehicle accident that took place on 28.10.1998 at about 5.10 am. He was returning from Koyambedu Market to go to Kothaval Chavadi Market along with vegetable goods in a Van bearing Registration No.TN72-A-0579, belonging to the 2nd respondent, and insured with the appellant-Insurance Company from West to East at PEVR Salai, Dashaprakash Signal Point. The said vehicle was driven by its Driver in a rash and negligent manner at a great speed and dashed against the MTC Bus and thereby driver of the Van and the others sustained grievous injuries. Immediately the claimant was admitted in the Government General Hospital, Chennai. The claimant claimed a compensation of Rs.1,00,000/-. The appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the learned counsel appearing for the appellant and perused the materials available on record. On the side of the claimant, P.Ws.1 to 3 were examined and documents Exs.P1 to P3 were marked. On the side of the respondent-Insurance company, R.Ws.1 and 2 were examined and documents Exs.R1 to R3 were marked. PW1-G.Rajendran is the claimant. PW2-Mr.T.Amala Doss, is a Sub-Inspector of Police (Traffic Records). PW3-R.Thiagarajan is the Doctor. Ex.P1 is the O.P.Sheet. Ex.P2 is the F.I.R. copy. Ex.P3 is the Disability Certificate. RW1-Mr.B.Narendran, is an Assistant Administrative Officer in the Insurance Company. RW2-Mr.Sankaranarayanan, is a Junior Assistant in the Office of the Regional Transport Authority. Ex.R1 is the Insurance Policy. Ex.R2 is the Investigation report. Ex.R3 is the Xerox copy of the Driving license. After considering the 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 driver of the van belonging to the 2nd respondent and awarded a compensation of Rs.31,500/- with interest at 9% per annum and the finding is based on valid materials and evidence.