LAWS(MAD)-2012-8-124

UNITED INDIA INSURANCE CO LTD Vs. V DINESHKUMAR

Decided On August 17, 2012
UNITED INDIA INSURANCE CO LTD Appellant
V/S
V DINESHKUMAR Respondents

JUDGEMENT

(1.) THIS appeal arises out of an award (24.07.2006) passed by the Motor Accidents Claims Tribunal (Fast Track Court No.I), Chennai, in M.C.O.P.No. 5035 of 2000.

(2.) APPELLANT is the second respondent and first respondent is the claimant before the Tribunal. Second respondent, the owner of the vehicle, remained ex parte before the Tribunal.

(3.) INASMUCH as the issue is confined only to the quantum of compensation, it is not necessary to traverse the factual details relating to the accident and the conclusion arrived at on the negligence aspect holding that the driver alone was responsible for the accident. So far as the quantum of compensation is concerned, it is the case of the 1st respondent-claimant that on account of the accident, he sustained multiple fracture in his left leg, which resulted in amputation of his left leg below the knee. He was working as computer operator at the time of accident on a monthly salary of Rs.6,500/-. On account of the disability suffered by him, now he cannot drive either two wheeler or car and therefore, he has to necessarily engage an auto or car for going out. On account of amputation of left leg, his marital prospects are also affected. Thus, he claimed for a sum of Rs.26.26 lakhs as compensation.