SREEJA Vs. GEORGE JOSEPH

JUDGEMENT

(1.) It was on 15.11.2005 the accident. It was a collision of car and a scooter. The original claimant was riding on the scooter. The accident was the result of the rash and negligent driving of the car. The car was owned and driven by the 1st respondent. It was insured with the 2nd respondent. The original claimant sustained severe injuries in the accident. He died pending the proceedings before the tribunal. His legal representatives were brought on record as supplemental claimants 2 to 4. They are the appellants. The above are facts either admitted or proved.

(2.) Heard Sri.V.S.Chandrasekharan and Sri.Akhil K.Madhav, the learned counsel for the appellant and the 2nd respondent respectively.

(3.) The original claimant did sustain serious injuries. The injuries included diffuse oedema, contusion on left frontal lobe and left parietal lobe, thin subdural haematoma and fissure fracture on right frontal and right parietal bones. The patient was brought to the hospital unconscious. He was managed as an inpatient for 110 days in five spells. He was assessed to have a permanent disability of 65%. The assessment was made by the district medical board, Kozhikode. The tribunal accepted the assessment of the board.