ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD Vs. HARIKRISHNAN

JUDGEMENT

(1.) Respondent aged about 24 years, said to be an electrician sustained fractures in shaft of right femur and other injuries, treated as inpatient between 06.07.2011 and 17.08.2011 for 40 days. He has filed M.C.O.P.No.4949 of 2011 on the file of the Motor Accident Claims Tribunal (VI Judge, Court of Small Causes), Chennai, claiming compensation of Rs.6,00,000/-. To prove that he has sustained multiple injuries and incurred expenses, the respondent has marked Exs.P2 and P8, discharge summaries issued by Government General Hospital, Chennai and Chengalpet, respectively, Ex.P3, x-ray, Ex.P7, photographs with CD, Ex.P11, disability certificate and Ex.P12, x-ray, taken at the time of assessment.

(2.) To prove that he was a qualified electrician, he has marked Ex.P4, order appointing him as an Electrician in Audco India Limited, Maraimalai Nagar. To prove that he was employed as an electrician in Audco India Limited, Maraimalai Nagar and earned Rs.4,500/- per month, he has produced Ex.P4, appointment order, Ex.P5, identity card and Ex.P9, qualification certificate as wireman. But he has not examined the employer.

(3.) Insurance company though disputed the manner of accident and the consequential liability to pay compensation, the claims tribunal on evaluation of pleadings and evidence, held that the driver of the maxicab Van bearing Regn.No.TN21 AC 4887, insured with them was negligent in causing the accident. Though, the quantum of compensation claimed under various heads, is also disputed, on the basis of the medical evidence adduced and avocation pleaded, the claims tribunal, awarded compensation of Rs.4,65,000/- with interest, at the rate of 7.5% per annum from the date of claim, till the date of deposit, as detailed below. <FRM>JUDGEMENT_338_LAWS(MAD)6_2014_1.html</FRM>