SELVAKUMAR Vs. MUNIAPPAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the owner of the vehicle and M/s.National Insurance Company Limited, Salem against the Judgment and Decree dated 29.11.2002 made in MCOP.No.93/2002 by the learned Additional District Judge (FTC0II) (MACT) Gobichettipalayam.

(2.) THE 1st Respondent/claimant filed the above claim petition, claiming a compensation of Rs.6,00,000/- under various heads before the Tribunal for the injuries sustained by him in the motor accident occurred on 14.9.2001 at about 10.30 hours in the Sathy to Kovai Main Road, Near 173-KM.Store. THE Tribunal awarded a sum of Rs.1,35,000/- as total compensation under various heads. As against the same, this Civil Miscellaneous Appeal has been filed by the owner of the vehicle and the Insurance Company.

(3.) THE claimant Muniappan sustained fracture on the left elbow and he was hospitalized for 11 days in the Government Hospital and later for 20 days in a private hospital. PW.3 Dr.K.Periasamy, Orthopedic Surgeon has issued Ex.P18 disability certificate, assessing the permanent disability at 28 per cent on the ground that the movements of the left elbow were restricted and painful, as there was mal union of bone at fracture site and he has deposed that the claimant would find it difficult in lifting heavy weights such as bricks as mason using left forearm.