R. SIVAKUMAR Vs. C. MURUGAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Claimant against the Judgment and Decree dated 30.9.2008 made in MCOP NO.4050/2004 by the learned VI Small Causes Judge (MACT) Chennai for enhancement of compensation.

(2.) THE accident dated 25.2.2004 resulted in grievous injuries to the Claimant/Appellant herein, when he was travelling as pillion rider in a Motorcycle Proceeding from Nagercoil to Kanyakumari, he was hit by a van which came in the opposite direction. The rider of the Motorcycle died on the spot and the pillion rider/Claimant sustained grievous injuries. The Claimant has taken treatment in the Dr. Jayasekaran Hospital and Nursing Home from 25.2.2004 to 29.2.2004 and thereafter, he has taken treatment in the Government Institute of Rehabilitation Medicine, K.K. Nagar, Chennai continuously as an out -patient.

(3.) THOUGHT the Insurance Company has suggested to the Doctor during the cross -examination that the assessment made by him is excessive, but however, there is no material to disallow the Disability Certificate issued by the Doctor. The Tribunal awarded a sum of Rs. 50,000/ - for Permanent Disability at the rate of Rs. 1,000/ - per percentage, Rs. 9,000/ - for Loss of Earning, Rs. 15,000/ - for Pain and Suffering, Extra -Nourishment and Transportation and Rs.17,400/ - for Medical Expenses and in all, a sum of Rs.91,400/ - with interest at 7.5/ - p.a. from the date of the Claim Petition till the date of realization.