MURALIDHARAN @ MURALI Vs. A.PRAKASAM

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.1,10,556.00 awarded in M.C.O.P.No.298 of 2005 on the file of Motor Accident Claims Tribunal, Erode for the personal injuries sustained by the claimant, the appellant/claimant has preferred this appeal.

(2.) ON 27.11.2003, at about 12.15 p.m, claimant - Muralidharan was proceeding in his TVS Victor Motor bike bearing Regn.No.TN 33 AA 0590 along with one Mukesh Lahoti, a pillion rider. When the claimant was proceeding from East to West in Erode Chithode main road and nearing Mamarathupalayam Ellappalayam road intersection, the van bearing Regn.No.TN 27H 5346 driven in a rash and negligent manner, came in the opposite direction and hit the claimant along with the bike. Claimant and the pillion rider Mukesh Lahoti were thrown off the bike. Claimant sustained injuries over head, fore-head, fracture below the right knee, injuries for left leg, abrasion over right knee, fracture of eight ribs of the left side and grievous injuries all over the body. Claimant and the said Mukesh Lahoti were admitted in C.K.Hospital, Erode, where the claimant was admitted as in-patient in intensive care unit. Operations were conducted and plates were fixed for the fracture in the left leg and the claimant had taken treatment in C.K.Hospital till 16.12.2003. Thereafter the claimant was admitted in K.G.Hospital, where he had taken treatment for various spells. Regarding the accident, a criminal case was registered against the van driver in Crime No.493/2003 under Sections 279 and 337 IPC. At the time of accident, claimant was aged 42 years and was working as a Manager in M/s.Onkar Textiles Limited, Erode and claimant was drawing a salary of Rs.4,500.00 per month. Alleging that because of the accident claimant had suffered permanent disability and that the accident was due to rash and negligent driving of the van driver, claimant had filed the claim petition claiming compensation of Rs.20,00,000.00 with interest at 9% per annum.

(3.) BEFORE the Tribunal, onbehalf of the claimant/appellant, the appellant examined himself as P.W.1, the pillion rider was examined as P.W.2, Dr.Periasamy and Dr.K.Krishnasamy, RMO of C.K.Hospital, Erode were examined as P.W.3 and 4 to prove the treatment undergone by the claimant; one Sheshanath Singh was examined as P.W.5 to prove the employment of claimant and Dr.Sekar, Chief Medical Officer, K.G.Hospital was examined as P.W.6 to prove the treatment under gone at K.G.Hospital, Coimbatore. The Claimant marked Ex.A.1 to A.28 including Ex.A.8 medical bills for about Rs.10,00,000.00. No oral or documentary evidence was adduced on the side of respondent Insurance company. Upon consideration of oral and documentary evidence, Tribunal held that the accident was due to rash and negligent driving of the 1st respondent van driver and held that the 3rd respondent Insurance Company, being the insurer of the van, is liable to pay compensation to the claimant. Tribunal has awarded total compensation of Rs.1,10,500.00 and the details of which are as under: