UNITED INDIA INSURANCE COMPANY LTD Vs. EDWARD DEVARAJ

JUDGEMENT

(1.) Being aggrieved with the award of compensation of Rs. 13,94,302/- for the injuries sustained by 1st respondent-Claimant, appellant-Insurance Company has filed this Appeal.

(2.) Brief facts are that on 23.6.2001 at about 8.15 p.m. on Mudaliarpet, Cudalore Road, Pondicherry, 1st respondent was riding his cycle from north to south on the extreme left side of road. When the 1st respondent was proceeding near Whirlpool Home Appliance, the bus bearing registration No. TN-49-C 3039 belonging to the respondents 2 to 6 came from behind driven in a rash and negligent manner hit against the 1 st respondent. Due to the accident, 1 st respondent sustained fracture of left Ocleurenon and multiple head injuries resulting into two operations in head. After the accident, 1st respondent was admitted in Government General Hospital, Pondicherry where he had taken treatment for one day and thereafter 1st respondent was admitted in Appollo Speciality Hospital, Chennai. Alleging that the accident was due to rash and negligent driving of bus driver, Claimant filed Petition under Section 166 of M.V. Act claiming compensation of Rs. 25,00,000/-.

(3.) Wife of the 1 st respondent-Claimant was examined as P.W.I and one Ravindran and Bharathi were examined as P.Ws.2 and 4 respectively and Dr. C. Mohanraj and Dr. Ayyadurai were examined as P.Ws.3 and 5 respectively. Exhibits A-1 to A-18 were marked on the side of Claimant. No evidence was adduced on the side of respondents and no documents were marked.