S.GOPINATHAN Vs. R.MUTHU

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondents.

(2.) This appeal is filed by the claimant not satisfied with the award of Rs.54,300/- for the injury sustained by the claimant in the road accident occurred on 06.10.2008. From the records, this Court finds that on 06/10/2008, while the appellant/claimant was riding a bicycle on GST Road, opposite to Lakshmi Petrol Bunk, Melmaruvathur, a lorry bearing Registration No.TN 25 W 4079 came in a rash and negligent manner and hit behind the bicycle, causing grevious injury to the claimant. Thereafter, the claimant was admitted in Melmaruvathur Hospital as in-patient for three days to treat the injury caused on his head, left hand, hip and leg. X-Ray report revealed that fracture of left hand little finger and the same was treated conventionally. After three days, he was discharged. Top

(3.) In the claim petition, it is contended that at the time of accident, the injured was pursuing his Diploma Degree in Electrical and Electronic Engineering and due to the accident, he could not sit and stand, walk freely and often suffers head ache. The Doctor, who had clinically examined the claimant, had given a Disability Certificate/Ex-P14, assessing 40% permanent disability for the said injuries. The Tribunal has awarded a sum of Rs.40,000/- for Disability, Rs.10,000/- for Pain and Suffering, Rs.2,000/- for Nutrition Food, Rs.2,000/- for Transport and Rs.300/- for Medical Expenses. The respondents 1 and 2 were jointly and severally held responsible to pay the award amount with 7.5% interest and costs from the date of filing of the claim petition till the date of realisation.