NEW INDIA ASSURANCE CO LTD. Vs. RATHINASABAPATHY

JUDGEMENT

(1.) THE insurance company has come forward with this appeal questioning the quantum of compensation of Rs.6,65,000/ - awarded by the court below for the injuries caused to the first claimant herein, who subsequently died after four years of the accident.

(2.) THE facts that led to filing of the claim petition was that on 04.11.1999 at about 9.00 am, when the first claimant was driving his TVS Moped bearing Registration No. TN -39 -L -0168 in the Pudur Road, near Amarjothi Nagar, the motorcycle bearing Registration No. TN -39 -D -6611 came in the opposite direction in a rash and negligent manner and dashed the first claimant. In the accident, the first claimant sustained fracture injury in his leg and he was admitted to Ganga Hospital, Coimbatore, where a surgery was performed on the date of accident. The first claimant was the Managing Partner of a baniyan company and earning Rs.10,000/ - per month. Therefore, for the injuries sustained in the accident, the claim petition was filed by the first claimant claiming Rs.4,00,000/ - as compensation.

(3.) THE learned counsel for the claimants/respondents herein would contend that even though no Doctor was examined, Ex.P2, the discharge summary issued by Ganga Hospital and Ex.P10, wound certificate would indicate that the first claimant sustained serious injuries and he was hospitalised for five days. The deceased first claimant had also taken treatment for more than 1 = years and ultimately he died. The evidence of PW3 would indicate that the deceased had taken prolonged treatment for the injuries sustained by him and his death occurred due to the injuries sustained by him in the accident. Therefore, the learned counsel for the respondents would contend that the death of the claimant had resulted due to the injuries sustained by him in the accident and consequently, the award passed by the court below is fair and reasonable. As far as income is concerned, PW3 was examined by the claimants, who had deposed that the deceased was earning Rs.5,000/ - to Rs.10,000/ - per month.