NEW INDIA ASSURANCE CO. LTD Vs. B. KARTHIK

JUDGEMENT

(1.) Questioning the quantum of compensation awarded by the Tribunal in M.C.O.P.No.3709 of 2006, dated 01.03.2011, for the injuries sustained by the claimant B.Karthik Raja, the insurance company has preferred the appeal in C.M.A.No.2298 of 2011. Seeking enhancement of compensation, the claimant preferred cross objection in Cross Objection No.76 of 2012.

(2.) Brief facts are that on 31.07.2003 at 14.00 hours, when the claimant was riding his motor cycle bearing Regn. No.TN 59 S 5598 on Conran Smith Road, Royapettah from north to south, the lorry (water tanker) bearing Regn. No.TN 21 T 7596 belonging to the second respondent, driven by its driver in a rash and negligent manner, came from behind and hit the backside of the claimant's motorcycle and dragged him for a distance of few metres. In the accident, the claimant sustained grievous injuries all over the body. A case was registered in Crime No.353 of 2003 on the file of J5 Sastri Nagar Police Station for the offence under Section 337 I.P.C. and Section 184 of Motor Vehicles Act. The claimant was aged 19 years at the time of accident and studying first year B.Tech in S.R.M. Institute of Science and Technology. Alleging that the accident was due to the rash and negligent driving of the driver of the second respondent's lorry, the claimant has filed the claim petition, claiming compensation of Rs.45 lakhs.

(3.) Resisting the claim petition, the appellant insurance company filed a counter affidavit, denying the manner of accident and its liability. The appellant insurance company also denied the injuries sustained by the claimant, period of treatment, disability suffered and the expenses incurred by him.