VENKATESH Vs. M.K. UDAYAKUMAR

JUDGEMENT

(1.) IN the accident, which occurred on 31.05.2005, involving two vehicles viz., TVS 50 bearing Regn.No.CAQ 8955 and a car bearing Regn.No.KA.02/MA 1865, belonging to the 1st respondent in CMA No.3391 of 2012 and insured with M/s. United India Insurance Company Limited, Bangalore, the motorcyclist who was hit from behind, sustained injuries. Hosur Traffic Investigation Wing Police has registered a case against the driver of the car in Cr.No.147 of 2005 under Sections 279 and 337 of IPC.

(2.) ACCORDING to the appellant/injured, he has sustained fracture of both bones, in the left leg, lacerated wound, measuring 3cm x cm x cm, in the right parietal region of the scalp, lacerated wound, measuring 5 cm x 3 cm, bone deep middle 1/3rd of left leg and multiple injuries all over the body. He has also stated that as a Mosaic and granite tiles fixing mason, he earned Rs.3,300/ - per month.

(3.) BEFORE the claims tribunal, the injured has adduced evidence as PW1. PW2, is the Doctor, who assessed the disability. Ex.P1, FIR, Ex.P2, Wound certificate, Ex.P3, Insurance Copy, Ex.P4, Motor Vehicle Inspector's report, Ex.P5, Driving licence, Ex.P6, Disability certificate and Ex.P7, X -ray, have been marked. No oral and documentary evidence has been let in by the Insurance company.