IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. KANNADASAN

JUDGEMENT

(1.) Being aggrieved by the award, dated 12.09.2013, made in M.C.O.P.No.3984 of 2011, on the file of the Motor Accidents Claims Tribunal (Third Court of Small Causes), Chennai, Iffco Tokio General Insurance Company has preferred this appeal.

(2.) In the accident, which occurred on 16.08.2011, involving a Car, bearing Registration No.TN 52 X 0626, owned by the 2nd respondent and insured with the appellant-Insurance Company, the respondent/claimant sustained a closed fracture of right shaft of humerus with DNVD, and other multiple injuries all over the body. A case in Cr.No.323/TM1/2011, has been registered on the file of Thirumangalam Traffic Investigation Police Station, against the driver of the Car. After the accident, the respondent/claimant has been admitted in Soundarapandian Bone and Joint Hospital and treated as inpatient for 8 days, ie., from 16.08.2011 to 22.08.2011. During the period of hospitalisation, open reduction and internal fixation and DCP platting through posterior approach has been done.

(3.) Before the Claims Tribunal, the respondent/claimant examined himself as PW.1 and reiterated the manner of accident. To support his version, PW.3, eye-witness, has been examined. To corroborate his testimony, Ex.P1 " FIR, Ex.P2 " Rough Sketch, Ex.P3 " Accident Register, Ex.P4 " Discharge Summary, Ex.P5 " Medical Bills, Ex.P6 " Estimation for future medical expenses, Ex.P7 " Identity Card, Ex.P8 " Salary Certificate, Ex.P9 " Weight Lifting Certificate, Ex.P10 " Driving licence, Ex.P11 " X-Ray, Ex.P13 " Authorisation Letter, Ex.P14 " Loss of Pay Certificate and Ex.P15 " Attendance Registrar. PW.2, Doctor, who clinically examined the respondent/claimant, with reference to the medical records, has assessed the disability at 45% and issued Ex.P12 " Disability Certificate.