DIRECTOR GENERAL OF POLICE Vs. SUBRAMANIAYN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree made in 233 of 2012 dated 30.06.2014 by which the claims tribunal has awarded compensation of Rs.13,51,600/- with interest at the rate of 7.5% per annum, to be paid to the respondent/claimant.

(2.) Facts of the case, as deduced from the material on record are that on 25.12.2011, when the respondent/claimant was riding a motorcycle bearing Regn.No.TN46H2574 to go to the new bus stand of Perambalur, about 3.45 pm, at the place just opposite to Karur Vysya Bank, a vehicle viz, TATA SUMO Victa LMV car bearing Regn.No.TN46G0277, owned by the appellants and driven in a rash and negligent manner by its driver, dashed against the motorcycle, resulting in the respondent/claimant sustaining multiple injuries. Motorcycle also sustained damages. In this regard, a case in Cr.No.1193 of 2011, for offence under Sections 279 and 337 IPC, has been registered on the file of Perambalur Police Station. According to the respondent, he sustained multiple grievous injuries all over his body, including leftorbital region, right zygoma, right pinna, whole length palmer aspect with deformity, bimalleloar fracture in right ankle, right thigh lateral aspect, left foot multiple abrasion, laceration, right clavicle crepitus and deformity present, left frontal temporal lobe and thalamic hameorrhagic contusion and other injuries.

(3.) Before the claims tribunal, the respondent/claimant has contended that immediately after the accident, he was given first aid in Government Hospital, Peramballur and thereafter, admitted in Retna Global Hospital, Trichy, as inpatient between 25.12.2011 and 24.02.2012. During the abovesaid period, a surgery was performed on 12.01.2012. He continued out patient treatment at the same and other hospitals. He has further contended that on account of the injuries, he became permanently disabled. He has continuous pain in the head and right clavicle bone. He could not lift even light objects. He has further added that the movement in the right hand and fingers are restricted. According to him, he suffered permanent disability. The respondent/claimant has further contended that he was an agriculturist at the time of accident and earned more than Rs.10,000/- per month. Due to the permanent disablement, he has lost his earning capacity. He has incurred considerable medical expenses. He claimed compensation of Rs.15 Lakhs.