UNITED INDIA INSURANCE CO. LTD. Vs. MANIKANDA PRABHU

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1764 of 2018, on the file of the Motor Accident Claims Tribunal / Special Sub Court dealing with the M.C.O.P., cases, Tirunelveli.

(2.) The appellant/Insurer, who was made liable to pay compensation of Rs.21,81,237.00 with interest at 7.5%p.a., to the injured claimant for the disability suffered by him, consequent to an accident occurred on 29/7/2018, challenged the liability mulcted on it and the quantum of compensation awarded at, by the Tribunal.

(3.) The case of the claimant is that on 29/7/2018 at about 20.15 hours, when the petitioner was riding a motorcycle bearing Registration No.TN-K-3702 along with his friend Suresh Nathan as pillion rider, at main road, Then Thamaraikulam at the place near Village office, one Ambassadar car bearing Registration No.TN-74-C-5072 came in the opposite direction in a rash and negligent manner and suddenly dashed against the motorcycle and as a result of which, the petitioner and the pillion rider had sustained grievous injuries, that the petitioner was admitted in Thiraviam Hospital, Nagercoil and that the Ambassadar car driver was responsible for the accident and hence, a case in Cr.No.146 of 2018 under Ss. 279 and 337 I.P.C., came to be registered on the file of the Then Thamaraikulam Police Station and the case is now pending before the Judicial Magistrate Court No.III, Nagercoil. It is the further case of the claimant that the petitioner was aged about 26 years at the time of accident, that he was hale and healthy and that the petitioner was working as a mason and was earning a sum of Rs.20,000.00 per month. It is the further case of the claimant that the petitioner has suffered fractures in the right leg, that he underwent two surgeries, that he had spent a sum of Rs.6,00,000.00 towards medical expenses and that the petitioner is unable to do any work, as he suffered permanent disability.