NEW INDIA ASSURANCE CO. LTD. Vs. E. PONNURANGAM

JUDGEMENT

(1.) Being aggrieved by the award, dated 15.12.2009, passed in MACT OP No.3587 of 2007 on the file of the Motor Accident Claims Tribunal, (II Judge, Court of Small Causes), Chennai, the insurer has filed CMA No.918 of 2010. Not being satisfied with the quantum of compensation awarded by the Tribunal, the claimant has filed CMA No.1235 of 2010.

(2.) In respect of the injuries sustained by the claimant in a road accident that took place on 19.07.2007 involving the motor cycle bearing Registration No.TN07-AT-7191 belonging to the claimant and the Tata Sumo Car bearing Registration No.TN22-AT-6685 belonging to the first respondent in CMA No.918 of 2010, the claimant has filed the aforesaid OP claiming a total compensation of Rs.56,00,000/- under various heads.

(3.) According to the claimant, the accident occurred due to rash and negligent driving of the Tata Sumo Car by its driver and as such the second respondent, who is the owner of the Tata Sumo Car and the appellant in CMA No.918 of 2008, as the insurer of the said vehicle, are both jointly and severally liable to pay the compensation. According to the claimant, from 19.07.2007 to 11.08.2007 he was treated as an inpatient at Malar Hospitals, Adyar, Chennai 20, and till the date of filing of the petition he was taking treatment as an outpatient. From 19.07.2007, till the date of filing of the petition he was bed-ridden and not able to stand and to do any work. At the time of accident he was employed as a Packing Supervisor with M/s.Devi Marine Food Export Private Limited, No.3/284, Mutukaadu Road, Neelangarai, Chennai 41 and he was getting a monthly salary of Rs.11,000/- Plus other allowances. Because of the multiple fractures and injuries sustained, he is unable to attend to any work and he lost his job and as stated above, a total compensation of Rs.56,00,000/- was sought for under various heads.