UNITED INDIA INSURANCE CO , LTD Vs. MUNIYAPPA

JUDGEMENT

(1.) Though the matter is listed for admission today, with the consent of the learned counsel for the appellant, it is taken up for final disposal.

(2.) The parties are referred to as per their original rankings before the Tribunal to avoid confusion and for the convenience of the Court.

(3.) The factual matrix of the case is that the claimant/injured met with an accident on 16.03.2009 at about 8.30 a.m. due to the rash and negligent driving of a Maruthi Van bearing registration No.KA-01-N-5408, and for having dashed against him. On account of the accident, he sustained grievous injuries and he was shifted to the hospital, wherein he was subjected to surgery. As a result of the injuries sustained by him, he suffered permanent disability. The claimant filed claim petition seeking compensation and this clam petition was resisted by the Insurance Company by filing detailed statement of objection disputing the very accident and the manner of the accident and also the disability. The Insurance Company in para No.8 of the objection statement, took the specific defence that there are contradictions in the medical records of the Reddy hospital, wherein it is mentioned that the injured sustained injuries due to the accident that took place on 19.03.2009 and in the very same document of the Reddy Hospital, it finds mention that he was admitted to hospital on 22.03.2009 and he was discharged on 08.04.2009. In the said medical records, the age of the claimant is mentioned as 70 years, but in the claim petition, the age of the claimant is mentioned as 60 years whereas the actual age of the claimant is 75 years.