S SURULIANDI Vs. M MURUGAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the claimant challenging the award dated 19.03.2002 made in M.C.O.P.No.57 of 1998, on the file of the Motor Accidents Claims Tribunal, the Subordinate Court, Periyakulam and for enhancement of compensation.

(2.) The brief facts of the case are as follows: It is a case of injury. The accident in this case happened on 21.05.1997. The van bearing registration No.TN-60-9964 owned by the first respondent, which was insured with the second respondent, dashed against the claimant because of the rash and negligent driving of the driver. The claimant stated that he was 55 years old at the time of the accident and he is a Dhobi by profession and earning a sum of Rs.2,500/- per month. According to him, he suffered fracture in the left leg foot and other injuries as stated in the claim petition. He was treated at Bodi Government Hospital, thereafter at Madurai Rajaji Government Hospital for a period of 82 days. He claimed a sum of Rs.70,000/- as compensation.

(3.) In support of the claim, the claimant was examined as P.W.1 and the doctor was examined as P.W.2 and the official of the Insurance Company was examined as R.W.1. Ex.A.1, the First Information Report and Ex.A.2, O.P.Sheet were marked as documents for the support of the claim. While examining the doctor, certain documents were marked as detailed below:- <FRM>JUDGEMENT_1292_TLMAD0_2010Html1.htm</FRM> On the side of the respondents, Ex.B.1-Insurance Policy and Ex.B.2- memorandum were marked as documents.