UNITED INDIA INSURANCE CO LTD COIMBATORE Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant / United India Insurance Company Limited against the Judgment and Decree passed in M.C.O.P.No.681 of 2005, dated 06.05.2009, on the file of the Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.5, Coimbatore at Tiruppur, on awarding a compensation a sum of Rs.2,10,260/- together with interest at the rate of 7.5% per annum from the date of filing the claim petition till the date of payment of compensation.

(2.) THE short facts of the case are as follows:- On 19.05.2005, at about 11.00 hours, the petitioner was travelling in the van bearing Registration No.TN39-A-7398 accompanying his goods, the driver of the vehicle drove the vehicle in a rash and negligent manner, as a result of which, the vehicle overturned and caused injuries to the petitioner. Hence, the petitioner had filed the claim petition against the respondents for compensation of a sum of Rs.5,00,000/- with interest.

(3.) ON the side of the claimant three witnesses had been examined viz.,PW1 / claimant, PW2-Dr.Senthilkumar, PW3-Ponnusamy and six documents were marked viz, Ex.P1-First Information Report, Ex.P2-Discharge Summary, Ex.P3-Medical Bills, Ex.P4-O.P.Card, Ex.P5-Disability Certificate, Ex.P6-X-ray. ON the side of the respondents one Vasantha was examined as RW1 and copy of the insurance policy was marked as Ex.R1.