UNITED INDIA INSURANCE CO. LTD Vs. K. ARUMUGAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Appellant/ Insurance Company, challenging the Award passed by the learned Motor Accident Claims Tribunal (Sub-Judge), at Palani in M.C.O.P. No.333 of 2008, dtd. 26/3/2018.

(2.) For the sake of convenience, the parties are arrayed herein as per the ranking in M.C.O.P. No.333 of 2008.

(3.) The factual matrix of the present case, briefly stated, are as under: The Petitioner is the Injured/Claimant. The First Respondent was the Owner of the Two-wheeler involved and the Second Respondent is the Insurance Company with which the vehicle belonged to the First Respondent was insured. On 4/4/2008, the Claimant was riding a Motorcycle bearing Registration No.TN-40-B-2705, along Palani-Dindigul road and while riding near V.V.R. Marriage Hall in the left side, due to flash light of the vehicle which came in the opposite direction, without noticing the pit, which was dug for the purpose of building the bridge therein, the Claimant had fell down along with Two-wheeler, as the result of which, he had sustained head injury and grievous injuries all over his body. Following which, he was admitted in Palani Government Hospital for treatment and further he was referred to Kovai Medical Centre, Coimbatore, as in patient for higher level treatment. In the course of treatment, he even suffered coma and he has not completely recovered and regained his full health. He was employed as Technical Assistant in the Office of Assistant Divisional Engineer, Public Works Department and was earning Rs.11,000.00 per month as salary. He suffered Permanent Disability and he has laid this Claim Petition, seeking Compensation of Rs.2,00,000.00 before the learned Tribunal.