UNITED INDIA INSURANCE CO LTD Vs. V MAHENDRAN

JUDGEMENT

(1.) The insurance company has come forward with this appeal aggrieved by the quantum of compensation of Rs. 15,36,960/-granted by the court below in favor of the claimant/first Respondent herein for the injuries sustained by him in a road accident.

(2.) The facts which gave rise to the claim petition was that on 07.08.2002 at about 00.30 hours, when the claimant was riding his motor cycle Hero Honda bearing Registration No. TN-09-R-2106 in C.P.T. Tharamani Road towards Thiruvanmaiyur, near Dhanampal Polytechnic, the Mahindra Jeep bearing Registration No. TN-09-5600 was driven by its driver in a rash and negligent manner in high speed, with the result, it hit the claimant from behind. In the impact, the claimant sustained multiple injuries all over the body namely (i) fracture femur upper 1/3 right (ii) multiple abrasions on both legs (iii) soft tissue injury over the right upper eyelid and right earlobe (iv) lacerated wound over the left wrist - extensor surface - cut tendon exposing Had Mallixary fracture. Immediately, the claimant was taken to Malar Hospital, Chennai - 20. Subsequently, the claimant was taken to Saraswathy Hospital, Madipakkam, Chennai - 600 091 and also treated at S.R.M.C. Hospital, Porur, Chennai - 600 016. Due to the accident, the claimant slipped into coma and still he is in coma stage. At the time of accident, the claimant was 24 years old, working as a Supervisor - Caples in M/s. LUB DUB Medical Technologies Private Limited earning Rs. 8,000/-per month. Since the claimant was in coma, his father, as a guardian, had filed the claim petition, claiming Rs. 50,03,000/-as compensation.

(3.) Before the court below, the father of the claimant examined himself as PW1 besides two other witnesses as Pws 2 and 3. Ex.P1 to P41 were marked on the side of the claimant. On behalf of the Respondents in the claim petition, no witnesses were examined or documents marked. The court below, upon consideration of the oral and documentary evidence, awarded a sum of Rs. 15,36,960/-as compensation for the injuries sustained by the claimant.