MOHAMAD ALI Vs. ANBAZAGAN

JUDGEMENT

(1.) THE appeal is preferred by the claimants against the judgment and decree dated 27.11.1987 in M.A.CT.O.P.No.202 of 1986 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Villupruam.

(2.) BACKGROUND facts in a nutshell are as follows: On 29.03.1986 at about 7.00a.m. the deceased met with an accident. While the deceased was proceeding at Villupruam-Pondy Road, a lorry belonging to the first respondent and insured with the second respondent came in a rash and negligent manner and hit the deceased. Due to the said impact the deceased died on the spot. The claimants are father, mother, brothers and sisters of the deceased. The claimants claimed a compensation of Rs.1,50,000/-. The second respondent/Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel and perused the materials available on record. On the side of the claimants Pws 1 and 2 were examined and documents Exs. P1 to P11 were marked. Pw1 is the father of deceased. PW.2 Loganathan is the eye witness to the accident. Ex.P1 is the First Information Report. Ex.P2 is the Motor Vehicles Inspector's Report. Ex.P3 post-mortem Report. Ex.P4 to Ex.P10 are photos. 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 driver of the lorry and the finding is based on valid materials.