NATIONAL INSURANCE CO LTD Vs. P SATHISHKUMAR

JUDGEMENT

(1.) CHALLENGE in this appeal is the award passed by the Motor Accident Claims Tribunal/Principal Subordinate Judge's Court, Salem in M.C.O.P.No.11 of 2006 dated 30.01.2009, whereby the Tribunal has awarded compensation of Rs.12,82,600/- for the injuries sustained by the 1st respondent/ claimant in the road traffic accident on 11.5.2005.

(2.) ON the wee hours of 11.05.2005 at about 2.20 a.m, the 1st respondent/claimant was travelling in a Maruthi Car bearing Regn.No.TN-30-F-3001 driven by its driver in Kovai to Perundurai road. When the car was nearing Poovampalayam Branch Road, NH-47 - Bhavani Main Road, a lorry bearing Regn.No.TN-38-Z-0150 was going in front of the Maruthi car and the driver of the lorry suddenly applied brake without giving any signal. Due to the sudden applying of brake for the lorry, the car hit on the back side of the lorry, which caused accident. In the accident, 1st respondent/claimant sustained grievous injuries. Immediately after the accident, he was taken to the Government Hospital, Perundurai and thereafter admitted in Sri Gokulam Hospital, Salem and then shifted to Ganga Hospital at Coimbatore and later transferred to Dr.Kamatchi Hospital, Chennai for better treatment. At the time of the accident, the 1st respondent/ claimant was working as a Senior Marketing Executive and was earning Rs.9,000/- per month. Alleging that the accident was due to the rashness and negligence of the lorry driver, the 1st respondent/ claimant filed Claim Petition - M.C.O.P.No.11 of 2006 against the owners and the insurer of both Maruthi Car as well as the lorry claiming compensation of Rs.25,00,000/-.

(3.) WE have heard Mr.K.S.Narasimhan, learned counsel appearing for the appellants - National Insurance Company. In the grounds of appeal, it is alleged that the car hit against the rear portion of the lorry, which was sufficient to invoke the maxim res ipso loquitor and the Tribunal ought to have held that the driver of the car was responsible for the accident. In the Memorandum of appeal, it is further alleged that the percentage of disability fixed at 100 percent is on the higher side and the quantum of compensation awarded at Rs.12,82,600/- is very much on the higher side.