UNITED INDIA INSURANCE CO. LTD. Vs. MINOR BALAJI

JUDGEMENT

(1.) In an accident, which occurred on 07.07.2009, a 14 year old boy sustained injuries in the fore hand and elbow. Immediately, he was taken to Sri Gokulam Hospital, Salem. He was unconscious. He was suspected of Paresis (left). Besides, there was an abrasion in the left fore arm, punctured wound at left arm, mild swelling over the occipital region. He was admitted in the Trauma ward. He was hospitalised between 07.07.2009 and 03.08.2009, for nearly a month. At the time of accident, he was studying in Standard IX. A case in Crime No.379 of 2009, has been registered against the driver of the offending vehicle bearing Regn.No.TN 30 AD 6559, insured with the appellant insurance company. On behalf of the minor, his father has filed MCOP No.596 of 2009 on the file of the MACT (II Additional Sub Judge), Salem.

(2.) Before the claims tribunal, father of the minor/injured examined himself as PW1 and reiterated the manner of accident, nature of injuries, period of treatment and the expenditure incurred. PW2, is the Doctor, who issued the disability certificate. Ex.P1, dated 08.07.2009, copy of FIR, Ex.P2, dated 07.07.2009, copy of Accident Register, Ex.P3, dated 06.08.2009, discharge summary, Ex.P5, dated 17.07.2009, copy of MVI Report, Ex.P6, dated 18.07.2009, copy of rough sketch, Ex.P7, dated 07.08.2009, copy of charge sheet, Ex.P8, dated 28.08.2009, copy of extract in STC 711-2009, Ex.P9, series of medical bills, Ex.P10, copy of the driving licence, Ex.P11 dated 22.02.2012, Certificate issued by the Headmaster, Neelambal Subramaniam Hr.Sec. School, Salem.5, Ex.P12, copy of the Insurance policy, Ex.P13, dated Nil.4.2012, copy of the Secondary School leaving certificate, Ex.P14, Disability certificate, Ex.P15, X-ray receipt and Ex.P16, x-ray, have been marked on the side of the claimant. No oral or documentary evidence, is adduced by the respondents.

(3.) Upon evaluation of pleadings and evidence, the claims tribunal fixed negligence on the driver of the vehicle bearing Regn.No.TN 30 AD 6559 insured with the appellant company. The claims tribunal has awarded a sum of Rs.2,76,621/- with interest, at the rate of 7.5%, from the date of claim as hereunder.