NATIONAL INSURANCE COMPANY LIMITED Vs. B RAYAPPAN

JUDGEMENT

(1.) These appeals are preferred by the Insurance Company against the Award and Decree passed in M.C.O.P. Nos. 1389 and 1390 of 2002 dated 07.04.2006 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No. 1,Salem.

(2.) The facts which gave rise for filing of C.M.A. No. 2909 of 2007, arising out of M.C.O.P. No. 1389 of 2002, is that on 19.02.2001 at about 04.00 pm when the claimant namely Rayappan was traveling with his friend Manickam in his TVS Suzuki Motor Cycle bearing Registration No. TN 27 W 5428 from Mettur to Erode, near Ammapet to Chinnapallam, the Tanker lorry bearing Registration No. TN 27 F 5405 driven by its driver in a rash and negligent manner and dashed against the TVS Suzuki motor Cycle. Due to the accident, the claimant had sustained grievous injuries namely

(3.) The pillion rider Manickam also sustained multiple injuries. After the accident, the claimant was admitted in the Government Hospital, Mettur for initial treatment, from where he was shifted to Gokulam Hospital, Salem and then to Ganga Hospital, Coimbatore for further treatment and surgeries. The claimant had also taken treatment as inpatient in Ganga Hospital, Coimbatore from 28.05.2001 to 23.07.2001; from 03.02.2002 to 16.02.2002; 29.10.2003 to 31.10.2003 and 22.01.2004 to 07.02.2004. Totally he was admitted as inpatient in the hospital for a period of 98 days. During the period of treatment, the claimant had underwent four distinctive surgeries. According to the claimant, even after his discharge, he continued his treatment at least for a period of three years but inspite of such treatment, the bones have not joined properly and the movements in his right leg knee and ankle were totally restricted. The Doctor has certified the disability at 60% inasmuch as he is unable to move the right knee and the joining has taken place with tilted position at 15? degrees. Even the toes in the right foot also tilted and he is unable to lift the toes. He sustained injuries in the hip and leg as well. Therefore, the permanent disability is peculiar in nature for which he was admitted for about 5 years. Even in the Wound Certificate, it is very clearly stated that all the four injuries are grievous injuries. Ex.A.28 is the X-Rays (41 in Numbers). Ex.A.29 is the Scan reports (3 in numbers). According to the claimant, the injuries sustained by him are peculiar in nature inasmuch as he is unable to do his normal work and therefore, it warrants awarding of compensation by adopting multiplier method. The accident occurred only on account of rash and negligent act of driver of the Tanker lorry. He therefore claimed a sum of Rs. 20,00,000/-as compensation.