NEW INDIA ASSURANCE CO LTD Vs. PRABHURAM

JUDGEMENT

(1.) THE New India Assurance Company, who is the second respondent in M. C. O. P. No. 1110 of 2000 on the file of the Motor Accident Claims tribunal, (Additional District Judge, Fast Track Court No.V ), Coimbatore at Tiruppur is the appellant herein.

(2.) THE first Respondent herein viz. , Prabhuram , who is the claimant before the Court below has filed the above M. C. O. P. on the ground that on 30. 9. 2000 at about 18. 30 hours while he was driving his two wheeler bearing Registration No. TN-37-U-1972 from West to East on the left side of the main road leading to Coimbatore to Palladam near Airforce , in front of Nellai Stores, the Motor Van bearing Registration No. TN-37-B-9329 driven by the second respondent herein from East to West in a rash and negligent manner and dashed against the petitioner and thereby caused grievous injuries to the first respondent herein. According to the Claimant/first Respondent, he was immediately admitted in Ganga Hospital and he had to incur huge amount towards medical expenses. THE Claimant/first respondent was employed in M/ s. Vic Tos Dyeing, Tirupur as a production Officer and was earning Rs. 5,000/- per month. Due to the injuries sustained by him in the accident, the Claimant/first Respondent sustained permanent disability, thereby his earning capacity was reduced and he also sustained loss of income. As the petitioner is the sole bread winner of the family, he sought for compensation of Rs. 5. 00 lakhs.

(3.) THE accident has taken place at 6. 30 P. M. on 30. 9. 2000 near the Airport on the main road leading to Coimbatore to Palladam , by way of collision between the Van bearing Registration No. TN-37-B-9329 and the Motor Cycle bearing Registration no. TN-37-U-1972 in which the first Respondent, rider of the Motor Cycle sustained grievous injuries which are as follows: 1. Colles Fracture Wrist 2. Comminuted Fracture Lower End (L) Radius 3. Bicondylar Fracture Tibia-type II Compound 4. Avulsion Fracture Adductor Tubercle (L) Femur with MCL Injury 5. Medial Collateral Ligament Sprain (L) Ankle 6. Lacerated wound over Forehead and Knee procedure (s) THE X-Ray report showed the following Fractures: 1. Wrist: Fracture Lower End Radius with Displacement 2. (L) Wrist : Comminuted Fracture Lower End Radius 3. Knee : Undisplaced BC Condylar Fracture Tibia 4. (L) Knee: Avulsion Fracture Adductor Tubercle of femur.