NEW INDIA ASSURANCE COMPANY LTD Vs. THANGAVELU

JUDGEMENT

(1.) THE Insurance company has come forward with this appeal questioning the quantum of compensation awarded by the court below at Rs.1,75,000/- for the injuries sustained by the claimant/first respondent herein in a road accident.

(2.) A reading of the claim petition would unfold the fact that on 16.10.2002, when the claimant was walking on Kadamadai to Palacode road, at about 8.00 pm near Palacode B.D.O. Office in front of Deivam Hotel, the auto rickshaw bearing Registration No. TN 43 4598 belonged to the second respondent herein was driven by its driver in a rash and negligent manner and hit the claimant. In the impact, the claimant sustained the injuries in the nature of (i) Diffuse contusion over (L) foot dorsal as pect 10 x 7 cm skin colour (ii) Abrasion over (L) wrist 2 x 1 cm balck in colour (iii) Contusion (R) little toe 1 x 1 cm (iv) Abrasion c over (R) elbow 2 x 2 cm (v) Contusion over accipital region 4 x 2 cm skin colour. According to the claimant, he was immediately taken to a private hospital at Salem, where he was given first aid and thereafter he was referred to Government Head Quarters Hospital, Dharmapuri. Subsequently, the claimant had also taken treatment at a private hospital. Therefore, for the injuries sustained in the road accident, he had claimed a sum of Rs.2,00,000/- as compensation.

(3.) THE learned counsel for the claimant/first respondent would contend that the doctor, in his evidence has stated that the claimant had sustained fracture and therefore, he had rightly assessed the disability of the claimant at 35%. When the claimant had established the injuries sustained by him by examining a Doctor, the Court below has rightly awarded the compensation amount and he justified the award passed by the court below.