This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the award made in M.C.O.P.No.16 of 2009, dated 18.11.2011 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Periyakulam.
2.It is a case of an accident causing injuries, which took place on 19.08.2008 at about 07.30am, at Pottumadam turning near Kumbakarai Kallivasal Road, Karungal Forest, Periyakulam.
3. It is the case of the claimant before the Tribunal that on the date of accident, when the injured was travelling as a load women in the Tractor with Trailer being Registration Nos.TN-60-3098 and TN-60-3100 from Periyakulam to Kumbakarai Kallivasal Road, Karungal Forest area, the vehicle was driven by its driver in a rash and negligent manner and due to which, the injured claimant was thrown out of the tractor and the rear wheel of the Trailer ran over the claimant, which caused grievous multiple injures to the claimant. Immediately after the accident, he was admitted in the Thirumayam Government hospital and he took treatment as inpatient and outpatient.
4.The claimant filed an application in M.C.O.P.No.16 of 2009 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Periyakulam, claiming a sum of Rs.3,00,000/- as compensation.
5. Before the Tribunal, the claimant examined three witnesses as P.W.1 to P.W.3 and marked eight documents as Exs.P.1 to P.8. On the side of the Insurance Company, two witnesses as R.W.1 and R.W.2 were examined and three documents as Exs.R.1 to R.3 were marked.
6.The Tribunal, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also appreciating the evidence on record, held that the accident occurred only due to the rash and negligent driving of the driver of the first respondent and the appellant/Insurance company is liable to pay a sum of Rs .55,000/- as compensation.
7. Against which, the appellant/Insurance Company has filed this present appeal.
8. Though in the grounds of appeal, the appellant has raised various grounds on account of liability as well as quantum, at the time of argument, the learned counsel for the appellant restricted his argument only with regard to negligence.
9.This Court heard the submissions made by the learned counsel for the appellant/Insurance Company and perused the materials available on record.
10. In Paragraph No.6 of the award, the Tribunal has given a finding as follows:
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11. From the above, it is clear that the Tribunal has discussed in detail and has come to the conclusion that the driver of the first respondent only caused the accident and therefore, there is no infirmity in the award passed by the Tribunal and the same does not require interference at the hands of this Court.
12. In the result, this Civil Miscellaneous Appeal is dismissed and the award dated 18.01.2011 passed in M.C.O.P.No.16 of 2009 on the file of the Motor Accident Claims Tribunal cum Sub Judge, Periyakulam, is hereby confirmed. The appellant/Insurance Company is directed to deposit the entire award amount with accrued interests and costs, within a period of four weeks from the date of receipt of a copy of this order, if not already deposited and on such deposit being made, the claimant is permitted to withdraw the amount with interests and costs. No Costs. Consequently, connected Miscellaneous Petition is closed.
To,
1.The Motor Accident Claims Tribunal cum Sub Judge, Periyakulam.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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