NATIONAL INSURANCE COMPANY LIMITED Vs. BASAVANNA

JUDGEMENT

(1.) The appeal is filed by the Insurance Company being aggrieved by the award passed by the Tribunal in the claim petition filed by the accident victim.

(2.) The claimant has filed Cross Appeal No.51 of 2020 for enhancement of compensation.

(3.) On 29.03.2011, when the claimant and his friend were going in Hero Honda bearing Registration No.TN 36 V 8931, in which the claimant was on the pillion, near Sericulture Department quarters on the Talavadi to Talamalai road, a motor cycle bearing Registration No.TN 36 V 6726 coming from the opposite direction rash and negligently dashed against the motor cycle, in which the claimant was travelling as a pillion rider. In the said accident, the claimant sustained severe injury and was taken to the Government hospital, Sathyamangalam, later shifted to Coimbatore Medical College Hospital and treated as inpatient till 05.05.2007. In the said accident, the claimant has sustained fracture of left leg. His normal functioning got crippled. The claim petition was filed against the owner of the offending motor cycle and its insurer. The rider of his motor cycle was also arrayed as respondent. Claim of Rs.10,00,000/- was sought on the ground that the claimant was earning Rs.10,500/- per month as a Mason and due to the injury, he has lost his livelihood.