UNITED INDIA INSURANCE COMPANY LIMITED Vs. P SUBRAMANI

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs.21,00,887/- for the injuries sustained by 1st Respondent-Claimant, Appellant-Insurance Company who is the insurer of the tanker lorry bearing registration No.TN-01-J 3227 has filed this Appeal.

(2.) Brief facts are that on 10.07.2000 at about 21.55 hours, 1st Respondent-Claimant was driving the Metropolitan Transport Corporation Bus bearing registration No.TN-01-N 2722 from Parrys to Karonadai along GNT Road. When the Bus stopped at ACT Company Bus stop, Madhavaram, the Tanker Lorry bearing registration No.TN-01-J 3227 came from the opposite direction driven in a rash and negligent manner attempted to overtake an unknown vehicle and in that process came to its right side and collided head on which the bus was driven by the 1st Respondent. Due to the accident, 1st Respondent-Claimant sustained compound and communited fracture of right femur; compound and communited fracture of both bones in right leg; compound and communited fracture of both bones in left leg; fracture in left hip; fracture of right knee and injuries all over the body. After the accident, Claimant was admitted in Government Stanley Hospital and thereafter taken treatment at various hospitals. Stating that he has suffered permanent disability and that he has been discharged from service on medical grounds, Claimant has filed Claim Petition claiming compensation of Rs.25,00,000/-.

(3.) Appellant-Insurance Company/insurer of tanker lorry bearing registration No.TN-01-J 3227 filed counter inter alia contending that the accident occurred solely due to rash and negligent act of 1st Respondent-Claimant and therefore the owner of the bus i.e. Metropolitan Transport Corporation is proper and necessary party. Appellant-Insurance Company has also inter alia raised objection regarding age nature of injuries, percentage of disability and the period of treatment and that the quantum of compensation claimed by the Claimant is on the higher side.