UNITED INDIA INSURANCE CO LTD Vs. R SATHIYANARAYANAN

JUDGEMENT

(1.) THE Claim Petition was filed by the present Respondent No. 1, on the following allegations: -The Claimant was the pillion rider on a scooter bearing Registration No. PYR 1446 which was proceeding towards Cuddalore from Pondicherry on 17. 3. 1993. Lorry bearing Registration No. TNV 9787 belonging to the present Respondent No. 2 was coming from opposite direction and hit against the scooterist. The claimant was thrown out of the scooter and sustained several injuries including multiple injuries in his right forearm as well as fracture of both bones of his right leg. He was treated in Government Hospital, Cuddalore initially and subsequently at Madras Institute of Orthopaedics and Traumatology as well as Vijaya Health Centre, Madras. He had undergone treatment as in-patient at Vijaya Health Centre, Madras for 45 days and underwent surgery of both the bones of his forearm on 20. 3. 1993 and ORIF Olecranon on 25. 3. 1993 and Nailing of tibia on 6. 4. 1993. Subsequently, he continued treatment as out-patient from 29. 4. 1993 to 16. 6. 1993 and was readmitted as in-patient on 10. 6. 1993 for bone grafting and continued as in-patient till 24. 6. 1993. It was also indicated in the claim petition that he was continuing to undergo treatment even at the time of filing of the claim petition, i. e. , 19. 7. 1993. The claimant was a National athlete and had secured many medals in school, college, State and National level competitions. Even though the claimant had estimated a sum of Rs. 10 lakhs towards loss of earning, disability, loss of earning capacity, pain and sufferings, loss of his career and for other incidental expenditure, he had restricted his claim to Rs. 7 lakhs.

(2.) THE present appellant, which was the Respondent No. 2 in the Claim Petition, filed objection denying the allegations in the claim petition. It was stated that the accident occurred due to negligent driving of the scooterist. The owner of the offending vehicle, arrayed as Respondent No. 1 in the claim petition, adopted the objection filed by the Insurer. As a matter of fact, the Insurer and the owner were represented through the very same Counsel before the Claims Tribunal.

(3.) THE Tribunal found that the accident occurred due to rash and negligent driving of the driver of the lorry and awarded a sum of Rs. 4,95,000/- as compensation payable by the lorry owner and consequently the Insurer. While calculating the compensation, the Tribunal came to the conclusion that a sum of Rs. 2,95,000/- was payable towards permanent disability, loss of earning, loss of pain and sufferings, etc. , and a sum of Rs. 2,00,000/- was payable towards medical expenditure incurred, travelling expenses for attending hospitals and for the expenditure towards nutritious food.