UNITED INDIA INSURANCE CO LTD Vs. N SIVAPPAN

JUDGEMENT

(1.) The Insurance Company has come forward with these two appeals as against the judgment and award dated 19.10.2005, made in M.C.O. P. Nos.18 & 19 of 2005 respectively on the file of the Motor Accidents Claims Tribunal, Ooty.

(2.) By consent of both sides, the appeals are taken up together for disposal inasmuch as the appeal involves common points for consideration and the claimants, being husband and wife, have sustained injuries in one and the same accident.

(3.) The facts which gave rise for filing of the MCOP Nos. 18 and 19 of 2005 is that the claimant in MCOP No. 18 of 2005 arranged a Tour to South Indian temples along with his family and relatives and left his native village on 05.02.2004 in a Tata Sumo Jeep bearing Registration No. TN 43?A 1539 owned by him. During his pilgrimage, on 09.02.2004 at about 5.30 am when the vehicle was coming near Rajiv Nagar, Pogalur in Annur-Mettupalayam Road, the driver of the jeep lost control and dashed against a tree. In the impact, the claimant sustained fracture in his left hip, tenderness in the left hip and tenderness in right wrist. The claimant was immediately taken to K.S.P. Hospital, Mettupalayam where he was admitted as an in-patient on 09.02.2004 and subsequently, he was shifted to Ganga Hospital, Coimbatore where he was admitted as an in-patient from 09.02.2004 to 22.02.2004. According to the claimant, for the purpose of taking treatment, he had taken a house on rent at Karundampalayam, Coimbatore for four months from 23.02.2004 onwards and taken treatment as an out-patient from 23.02.2004. He was also subsequently admitted as in-patient from 20.03.2004 to 23.03.2004 for treatment. The wife of the claimant also sustained injuries and taken treatment in a hospital. According to the claimant, at the time of accident, he was 48 years old. The claimant is a land lord cum agriculturist besides an Agent of Leaf Tea business thereby he earned Rs. 10,000/- per month. Due to the accident, he could not continue his business as before and therefore, he filed the claim petition claiming a sum of Rs. 4,00,000/- as compensation.