P. RAMASAMY Vs. PONNUSAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the appellant/claimant against the liabilities as well as the quantum of compensation awarded by the Tribunal vide judgement and decree dated 13.09.2017 in M.C.O.P.No.144 of 2009.

(2.) The brief facts of the case reads as follows: On 14.03.2009, at around 2.00 p.m, when the appellant/claimant was riding his two wheeler viz., Hero Honda Splender bearing Registration No.TN 33 Q 0963 near Jayalakshmi Theatre, Kumarapalayam, a Maruti Van bearing Registration No.TN 34 B 2525 which was coming from the opposite direction in a rash and negligent manner had hit the two wheeler of the appellant/claimant, as a result of which, the appellant/claimant sustained grievous injuries on his right leg. Immediately after the accident, the appellant/claimant was taking treatment as an inpatient in Kovai Medical Centre Hospital. Thereafter, he was admitted in the Kovai Ganga Hospital and taking treatment as an inpatient for one month, where, his right leg was amputated since the same was totally crushed in that accident. Hence, the injured appellant/claimant filed a Claim Petition against the first respondent insurer and the second respondent Insurance Company, claiming a sum of Rs.10,00,000/- with 12% interest as compensation.

(3.) The first respondent/owner of the Maruti Van remained ex parte before the Tribunal.