TMT GAIRAMMAL Vs. S. RAGHU

JUDGEMENT

(1.) This appeal is filed by the injured claimant being not satisfied with the compensation awarded by the Tribunal.

(2.) The case of the appellant is that on 08.04.2012, at about 18.30 hours while he was walking along the E.C.R. road, Injambakkam near Amaithi Koil from East to West direction a motorcycle bearing registration No.TN 20 BY 5481 driven rash and negligently came from South to North direction and dashed against the appellant/claimant. In the said accident, the claimant sustained fracture of left leg bone and deep lacerated wound on left eyebrow.

(3.) The claim was contested by the Insurance Company on the ground that the motorcycle rider had no valid driving license and therefore for violation of policy condition, they are not liable to indemnify its owner. The manner of accident and the earning capacity of the claimant denied and the claim was put to strict proof of same with documentary evidence. The Tribunal considering the disability certificate and discharge summary assessed 50% disability for the fracture of left leg Tibia Fibula bone. Being a contruction worker, the claimant income was fixed as Rs.4,500/- per month and for the loss of income for a period of six months a sum of Rs.27,000/- has been awarded. Besides, Rs.25,000/- has been awarded towards pain and suffering. In total the award of compensation under conventional and other non conventional heads, the Tribunal has fixed the compensation at Rs.1,88,300/-.