SBI GENERAL INSURANCE COMPANY LTD. Vs. SUDALAIKANNU

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award dtd. 7/3/2025 passed in M.C.O.P.No.1544 of 2022 by the Special Sub Judge dealing with MCOP cases / Motor Accident Claims Tribunal, Tirunelveli.

(2.) The first respondent / claimant has filed a claim petition in M.C.O.P.No.1544 of 2022, claiming compensation for the injuries sustained by him, in an accident that took place on 2/8/2022. The Tribunal has awarded a sum of Rs.6,63,000.00 (Rupees Six Lakhs and Sixty Three Thousand only) with interest at 7.5% per annum as compensation. Against which, the appellants / insurer have preferred this appeal. For the sake of convenience and brevity, the parties herein after will be referred as per their status/ranking in the Tribunal.

(3.) A brief substance of the claim petition is as follows: The claimant was aged about 57 years and was working as a coolie and was earning Rs.28,500.00 per month. On 2/8/2022 at about 03.30 p.m., when the claimant was travelling in a Passion Pro two wheeler bearing Registration No.TN-92-C-1816 as a pillion rider, near Vasvappaneri Colony, another Passion Pro two wheeler bearing Registration No.TN-92-H-0439 belonging to the first respondent, which came in the wrong side in a rash and negligent manner, had dashed against the claimant's vehicle and as a result, the claimant sustained grievous multiple injuries. The claimant was immediately taken to Government Hospital, Karungulam and after first-aid, he was taken to TVMC Hospital at Highground. Due to the accidental injuries, he is not able to stretch or fold his left hand and is not able to sit, stand, walk or squat and is not in a position to do his normal avocation and he was hale and healthy at the time of accident. The claimant spent huge amount for treatment, medicines, conveyance and other charges. The claim petition was filed by the claimant seeking compensation to the tune of Rs.15,00,000.00.