A.RANI Vs. M.KANNIAMMAL

JUDGEMENT

(1.) This appeal is preferred by the appellant/claimant against the award passed by the Tribunal seeking enhancement of compensation for the injury sustained in the road accident held on 29.04.2013.

(2.) According to the claimant/appellant, while she was walking along the road at Rajiv Gandhi Road, opposite of Agasthiya Hotel, Chozhiganallur, a motor cycle bearing Reg.No.TN 07 BH 4026 rash and negligently hit the claimant/appellant causing severe injury. The claimant was admitted in CMO Global Hospital and treated as in-patient for 9 days i.e. from 29.04.2013 to 07.05.2013. A claim petition for Rs.10,00,000/- was filed against the vehicle owner and its insurer.

(3.) In the counter filed by the Insurance Company, they resisted the claim on the ground that the rider of the two wheeler had no valid driving license and therefore, the Insurance Company is not liable to indemnify the vehicle owner. Besides the claim of the insured was also resisted by the Insurance Company on the ground that it is exorbitant. The Tribunal, on considering the evidence placed before it, namely, discharge summary Ex.P5 and disability certificate Ex.P11 found that in the accident, the claimant had sustained traumatic brain injury, left temporal contusion, right occipital bone fracture and fracture for both bone of forearm. The Doctor, who clinically examined the claimant, has issued disability certificate-Ex.P11 that the injury sustained by her has caused at 75% partial permanent disability. The Tribunal fixed at 60% and awarded compensation of Rs.2,27,517/-.