ORIENTAL INSURANCE COMPANY LIMITED Vs. NALLUCHAMY AND ORS.

JUDGEMENT

(1.) This appeal is taken up for final disposal with the consent of both the parties.

(2.) The first respondent in the appeal is the claimant in MCOP No. 505 of 2006 on the file of the Motor Accidents Claims Tribunal, III Additional Sub-Judge, Madurai. The second respondent herein is the owner of the load auto. The said auto is insured with the appellant - Insurance Company and the same is not in dispute.

(3.) On 22.10.2005, the first respondent / claimant hired the auto to carry his luggage of full 3 bags tomato from Ganesapuram to Kandamanur Market. After unloading the tomato bags in the market, he returned back to Ganesapuram. On the way, the vehicle met with an accident and the first respondent -claimant got injured in the spinal cord and he was initially admitted to the Theni Government Hospital on the same day and thereafter he got transferred to Rajaji Government Hospital, Madurai on the next day, ie., 23.10.2005. He was in-patient in the Rajaji Government Hospital, Madurai up to 03.11.2005. According to him, due to injury he suffered 50% permanent partial disablement and the first respondent is not able to make proper movement of his neck. The movement is restricted to 50%.