V RAMALINGAM Vs. KARUPPANNAN

JUDGEMENT

(1.) THE claimant has come forward with this appeal aggrieved by the order passed by the Court below dismissing his claim petition, by which he claimed compensation of Rs.1,00,000/- for the injuries sustained by him in the road accident on 19.10.1995.

(2.) ACCORDING to the claimant, on 19.10.1995 at 14.00 hours, when he was proceeding in his bicycle in Gandhi Road, Chitlapakkam, Chennai "600 064, the lorry bearing Registration No. TN-21-Z-1031 was driven by its driver in a rash and negligent manner and hit the claimant from behind. In the impact, the claimant sustained grievous injuries in his right hand and multiple injuries all over his body. Immediately, the claimant was admitted in the Government Hospital, Tambaram for treatment, from where he was shifted to Stanley Medical College and Hospital, Chennai. At the time of accident, the claimant was 19 years old, working as a coolie and earning Rs.2,100/- per month. Therefore, for the injuries sustained by the claimant, he claimed Rs.1,00,000/- as compensation.

(3.) THE learned counsel for the claimant would contend that the claimant sustained crush injuries in his right hand wrist in the accident. Further, during the course of the accident, one of his fingers in the right hand has been amputated. Originally, the claimant was admitted in Government Hospital, Tambaram from where, he was shifted to Stanley Medical College and Hospital where he was admitted as an in-patient for 19 days. THE claimant also examined a Doctor, PW2, who issued the disability certificate, Ex.P4 assessing the disability of the claimant at 55%. THE court below dismissed the claim petition only on the ground that the Accident register as well as the wound certificate were not produced from the Government Hospital, Tambaram. When the claimant was given only initial treatment at Government Hospital, Tambaram and he was referred to Stanley Medical College Hospital, Chennai, the claimant only produced the discharge summary issued by Stanley Medical College Hospital, Chennai to show that he was admitted in the said hospital between 20.10.1995 to 09.11.1995. THE court below failed to take into consideration the discharge summary issued by Stanley Medical College and Hospital on the only ground that he accident register and wound certificate were not produced. In any event, merely because the claimant did not produce the wound certificate or the accident register, the court below ought not to have dismissed the claim petition. Further, the respondent has filed a formal counter merely denying the averments made in the claim petition without producing any contra evidence to show that the claimant has not sustained any injuries at all in the accident. THErefore, he would pray for allowing the claim petition as well as this appeal and to award compensation of Rs.2,50,000/-, for the injuries sustained by the claimant in the road accident, as claimed in this appeal.