LAWS(MAD)-2010-7-582

ORIENTAL INSURANCE CO LTD Vs. H SUNDARAJAN

Decided On July 06, 2010
ORIENTAL INSURANCE CO., LTD., AND ANOTHER Appellant
V/S
H. SUNDARAJAN Respondents

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance company against the award dated 31.10.2001 made in MCOP No.896 of 1998 by the Motor Accident Claims Tribunal (Principal Sub Court), Cuddalore.

(2.) BACKGROUND facts in a nutshell are as follows: The respondent/claimant met with motor vehicle accident that took place on 25.06.1998 at about 4.45P.M. While the petitioner was travelling in a bus bearing registration No.PY-01-J-2709 belonging to the second appellant and insured with the first appellant-Insurance company from Cuddalore to Thavalakuppam, the driver driven the same in a rash and negligent manner at a very high speed. As a result of which, the bus was capsized at Chinnakanganakuppam, Pondicherry-Cuddalore Main Road. Due to the said impact, the respondent-claimant sustained grievous injuries and multiple fractures all over his body. The claimant was immediately admitted in the Government Hospital, Cuddalore and then trasferred to Ashoka Hospital, Pondicherry and later at Vijaya Health Centre, Madras, for advanced treatment. He claimed a sum of Rs.10,00,000/- as compensation before the Tribunal. The first appellant-Insurance company resisted the claim. On pleadings the Tribunal framed the following issues:- 1. On whose negligence the accident occurred? 2. Whether the claimant is entitled to any compensation from the appellants herein? If so how much? After considering the oral and documentary evidence, the Tribunal held that the respondent-claimant is entitled to compensation and awarded a sum of Rs.2,43,475/- with interest at 9% per annum from the date of petition and the details of the same are as under:- Permanent disability Rs.1,44,000/- Medical expenses Rs. 54,475/- Transport charges Rs. 20,000/- Pain and sufferings Rs. 25,000/- ------------------ Total... Rs.2,43,475/- ------------------ Aggrieved by that award, the first appellant-Insurance company has filed the present appeal.

(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 5 were examined and documents Exs.P1 to P137 were marked. On the side of the appellant-Insurance company no one was examined and no document was marked in support of their claim. P.W.2 is the claimant. PW3 is Doctor Raju. Ex.P120 is the xerox copy of the eligibility certificate. Ex.P121 is the xerox copy of the school mark sheet. Ex.P122 is the xerox copy of the school transfer certificate. Ex.P123 is the Chennai Tamil Nadu Hospital Receipt. Ex.P124 is the leg photo. Ex.P125 is the disability certificate. Ex.P126 is the x-ray. Exs.P127 to P135 are the medical bills. Exs.P136 and P137 are car hire receipts. After considering the oral and documentary evidence, the Tribunal had given a categorical finding that the accident had occurred due to rash and negligent driving of the driver of the second appellant and awarded a compensation of Rs.2,43,475/- with interest at 9% per annum and the finding is based on valid materials and evidence.