LAWS(KER)-2014-11-229

UNITED INDIA INSURANCE CO. LTD. Vs. JAYAPRAKASH

Decided On November 18, 2014
UNITED INDIA INSURANCE CO. LTD. Appellant
V/S
JAYAPRAKASH Respondents

JUDGEMENT

(1.) The appellant is the third respondent in O.P.(MV) No.83/2005 on the file of the Motor Accidents Claims Tribunal, Palakkad. The claimant filed the application claiming compensation to the tune of Rs.7 Lakhs and the Tribunal awarded Rs.6,27,500/- with 7.5% interest.

(2.) The accident occurred on 19.9.2004 at 2.30 p.m. The claimant was working as a cleaner in the lorry bearing Reg. No.KL-9M/9439 and was travelling to Palakkad from Ernakulam. When they reached Aluva, it is alleged, that a Police Officer caused the bus bearing registration No.TN-01 N/6743 which was going in front of the lorry, to be stopped for checking. The bus suddenly stopped without showing any signal and the lorry hit on the rear side of the bus. The claimant sustained serious injuries. He was taken to Karothukuzhy Hospital, Aluva. After obtaining first aid, he was taken to RV Accidents and Trauma Research Institute, Palakkad and was treated till 24.9.2004. Thereafter, he was admitted in the Jubilee Mission Hospital. On 7.10.2004 his left leg was amputated above knee cap.

(3.) The claimant was aged only 23 years at the time of accident. He had earned a valid driving licence and badge. As the leg has been amputated above knee cap, he is unable to do any work. Accordingly, the claim was laid.