A THIRUMALAI Vs. B ANANDAN

JUDGEMENT

(1.) THE appeal is preferred by the claimant against the award dated 11.07.2001 made in MCOP No.3323 of 1998 by the Motor Accident Claims Tribunal (II Judges, Small Causes Court) Madras.

(2.) BACKGROUND facts in nutshell are as follows: The injured Thirumalai met with Motor Vehicle Accident on 21.02.1998 at about 8.00 A.M. While the appellant/claimant was proceeding in his bicycle on the left side of the road on the Porur Kunrathur Road, at Periya Panicherry, a Van bearing Registration No.TN 51 - 6345 belonging to the first respondent came in a rash and negligent manner and hit the cyclist. Due to the said accident, the injured sustained grievous injuries. The said Van was insured with the second respondent/Insurance Company, who resisted the claim. The appellant/claimant claimed a sum of Rs.3,00,000/- as compensation. On the pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. On the side of the claimant, the injured Thirumalai/appellant was examined as P.W3 and Dr.Thiagarajan was examined as P.W.5 and also marked Exs.P8 to P11 and P15. Ex.P8 is the Discharge Certificate. Ex.9 is the Medical Bills. Ex.P10 is the O.P. Slips and Medical Prescriptions. Ex.P11 is the Medical Certificate. Ex.P15 is the disability certificate. On behalf of the Insurance Company no one was examined and no documents were marked. 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 Van and the finding is based on valid materials and evidence.