JESSY ALEXANDER Vs. KANDASAMY AND ORS.

JUDGEMENT

(1.) The appeals have been filed by the respective claimants and the appellant in M.A.C.A. No. 1672 of 2010 is the wife of the appellant in M.A.C.A. No. 1735 of 2010. Both of them had claimed compensation for personal injuries suffered in an accident which occurred on 4.11.2002 at Dharmapuri. They were travelling in a Maruthi Esteem car bearing Reg. No. K-7/AC.5087 from Bangalore to Ernakulam. While they were crossing the Devaresam Patti Junction Road, the offending vehicle, a lorry bearing Reg. No.TN-28/U.4449, which was coming from Salem hit against the maruthi car and both of them sustained injuries.

(2.) The appellant in M.A.C.A. No. 1672 of 2010 was awarded an amount of Rs. 56,150/- with interest at 8% per annum as against the claim of Rs. 1,46,000/-. The appellant in M.A.C.A. No. 1735 of 2010 was granted an amount of Rs. 49,550/- with interest at the same rate.

(3.) We proceed to consider the grievances in both the appeals together. First we will consider the claim of the appellant wife in M.A.C.A. No. 1672 of 2010. Evidence was let in by producing the medical records and other relevant records regarding the accident. Going by Ext.A5, she sustained the following injuries: Abrasion 4x2 cm on the left shoulder to front of chest, abrasion 4x6 cm left wrist, abrasion of 6x5 cm right wrist, abrasion on right leg and complaint of pain on chest. But on examination, it is found that she sustained some fracture and Ext.A11 is the case summary and discharge record. In the final diagnosis it is noted as bilateral distal radius and 1st rib fracture left and 2nd rib fracture right. Closed reduction and internal fixation with 'K' wires on left side and closed reduction and plaster cast application on right side was performed. She was admitted on 5.11.2002 in the hospital and discharged on 8.11.2002. The X-ray of right and left forearm showed bilateral distal radius fracture, 1st rib left and 2nd rib right fracture. She was also diagnosed to have bilateral distal radius fracture with rib fracture on left and right side. Removal of K wire on left side was after three weeks from the date of surgery and reapplication of cast. On review in Ortho for 'K' wire, it was removed after three weeks.