ORIENTAL INSURANCE COMPANY LIMITED Vs. THIRU MOSES

JUDGEMENT

(1.) Heard the Learned Counsel for the appellant and the learned Counsel for the respondent.

(2.) The Appeal is filed by the Insurance Company challenging the quantum of award passed by the Tribunal.

(3.) The brief facts of the case is that, on 14.11.2012 at about 4.30 p.m when the claimant was riding his motor cycle bearing registration No.TN-39-AW2741 on Salem to Kovai road near Tasmac shop at Pallengounderpalayam, the driver of the maruti car bearing registration No.TN-59-U-2612 came from opposite direction rash and negligently hit the motorcyclist. The claimant was thrown away from his motor cycle and sustained injuries all over his body. The vehicle was also extensively damaged. The injured was taken to Krishna hospital at Perundurai and later shifted to Sri Kumaran hospital, Tiruppur. He was treated as inpatient from 15.11.2012 to 17.11.2012 and thereafter, as out patient for a period of 120 days. At the time of accident, the claimant was about 29 years unmarried earning Rs.15,000/- as Merchandiser. In the accident, he sustained fracture on right ankle therefore, he is unable to work as below. A sum of Rs.5,00,000/- with 12% interest was sought as compensation against the owner of the car and his insurer.