NEW INDIA ASSURANCE COMPANY LIMITED Vs. K SURESH

JUDGEMENT

(1.) Being aggrieved with the award of compensation of Rs.25,00,000/- for the injuries sustained by 1st Respondent-Claimant, Appellant-Insurance Company has filed this Appeal.

(2.) Brief facts are that on 11.3.2002 at about 4.00 P.M., 1st Respondent-Claimant was riding the cycle from east to west in Choolaimedu sub-way on the southern side upgradient on the extreme southern side of the road. When the 1st Respondent-Claimant was proceeding next to Railway track, an Auto bearing registration No.TN-09 C 7755 came from behind driven in a rash and negligent manner came to the extreme southern side of the road and hit and knocked down 1st Respondent-Claimant. Due to the accident, Claimant sustained triple fracture in spinal cord, fracture in left leg neck of femur, fracture in right hand shoulder, deep cut and degloving injury over right leg thigh bone and multiple injuries all over the body. After the accident, Claimant was admitted in M.R. Hospital, Chennai-29. Alleging that the accident was due to rash and negligent driving of Auto driven by the auto driver, Claimant filed Petition under Sec.166 of M.V.Act claiming compensation of Rs.89,00,000/-.

(3.) Claimant examined himself as PW1 and Dr.Thiagarajan who issued Ex.P4-disability certificate was examined as PW2. One Sivaraman was examined as PW3. Exs.P1 to P9 were marked. Before the Tribunal, Claimant was referred to Medical Board. Dr.Govarthan who examined the Claimant was examined as RW1. On the side of Respondent Ex.R1 was marked.