UNITED INDIA INSURANCE CO LTD COIMBATORE Vs. ARUMUGAM

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/United India Insurance Company Limited against the Judgment and Decree made in M.C.O.P.No.682 of 2005, dated 11.12.2008, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.4, Coimbatore at Tiruppur, awarding a compensation a sum of Rs.1,79,495/- with interest at the rate of 7.5% per annum.

(2.) THE brief facts of the case are as follows:- THE respondent/claimant was traveling in the first respondent's Van bearing Registration No.TN-39A-7398 as Loadman from Palladam to Tirupur Main Road and at that time, the driver had driven the vehicle in a rash and negligent manner and as a consequence, the vehicle overturned with the goods and he had sustained grievous injuries. Hence, the claim petition in M.C.O.P.No.682 of 2005 filed against the appellant/respondents for compensation a sum of Rs.5,00,000/- with interest.

(3.) THE claimant was examined as PW1 and the Doctor was examined as PW2. THE claimant had marked a FIR, Discharge Medical Summary, Medical Bill series, Disability Certificate and X-ray respectively. PW1 had adduced evidence stating that he was traveling in the first respondent's van bearing Registration NO.TN-39A-7398 from Palladam to Tirupur, at that time the driver had driven the vehicle in a reckless and as a consequence, the vehicle had turned hostile. As the result, he had sustained grievous injuries including bone fracture. PW1 further adduced evidence stating that immediately, after the accident, he was taken to the Government Hospital, Palladam, for preliminary treatment. THEreafter, he was referred to Richmond Hospital, Coimbatore, wherein he had undergone treatment as inpatient for a lengthy period. During the medical treatment period, he had undergone surgical operation on his left leg. THE bone had shattered into pieces and the muscles had been crushed. He was an Agricultural Coolie, earning of Rs.5,000/- and his age was 54 years. PW2, Doctor had adduced evidence stating that he has examined the claimant and verified the medical records and assessed the disability as 35.83%. THE claimant had undergone surgical operation and a steel rod with screw was fixed on the operated area, the fractured bone was ununited.