UNITED INDIA INSURANCE CO. LTD. Vs. N. PRATHAP

JUDGEMENT

(1.) The Insurance Company has come forward with this appeal questioning the correctness of the Order passed by the Tribunal awarding a sum of Rs.23,07,030/- as compensation payable by Insurance Company to the first respondent/claimant for the injuries sustained by him in a road accident.

(2.) As per the Claim Petition, on 06.12.2009 at about 1.20 am the first respondent/claimant was travelling as a pillion rider in the motor cycle bearing Registration No. TN 22 BZ 3520 owned by the second respondent and driven by one Unni Krishnan. When the motor cycle was proceeding near Tank Bund Road, Opposite to Loyala College, Nungambakkam, the rider of the two wheeler lost control and hit the centre median in order to avoid another accident. In that process, the claimant fell down and sustained grievous injuries all over the body. He was admitted in Apollo Speciality Hospital at Mount Road Chennai where he had taken treatment as an in-patient from 06.12.2009 to 15.02.2010. According to the claimant, he suffered Traumatic brain injury - left frontotemporo parietal acutesub dure hematoma, laceration in right pinna, electrolyte imbalance, laceration in right ear, residual weakness with stiffness in the right upper and lower limbs. It is stated that at the time of accident, the claimant was 28 years old and was employed as Senior Process Executive Officer in Cognizant Technology Solution, MEPZ, Tambaram Sanatorium, Chennai and was earning Rs.35,000/- per month. Therefore, for the injuries sustained in the accident referred to above, the claimant has filed the claim petition claiming a compensation of Rs.36,00,000/-.

(3.) Before the Tribunal, the owner of the two wheeler - second respondent in this appeal, remained exparte.