NATIONAL INSURANCE COMPANY LIMITED Vs. GOVINDASAMY

JUDGEMENT

(1.) NATIONAL Insurance Company Limited, Villupuram, aggrieved by the judgment and decree dated 28. 08. 1997 made in MACTOP No. 271 of 1996 on the file of the Motor Accident Claims Tribunal (Sub-Judge), Kallakuruchi, has filed the above Civil Miscellaneous Appeal.

(2.) IN respect of grievous injuries sustained in a motor accident that took place on 19. 04. 1993, the claimant/first respondent herein prayed for a compensation of Rs. 2 lakhs for the injuries assessed as 100% disability. In support of his claim, he himself was examined as P. W. 1, one Manian who was the eye-witness to the accident was examined as P. W. 2, Dr. Angamuthu, Senior Civil Surgeon, Government Hospital, Cuddalore, was examined as P. W. 3 and one Dhanalakshmi, the wife of the injured was examined as P. W. 4. In addition, Exs. P. 1 to P. 12 were marked on the side of the injured claimant. Since the injured Govindasamy is bedridden, his wife has Dhanalakshmi has filed the Claim Petition on his behalf.

(3.) ON the side of the Insurance Company, one Srinivasa Gopalan was examined as R. W. 1 and one Damodaran, the Inspector of the Insurance Company was examined as R. W. 2 besides marking Exs. R. 1 to R. 6 to their defence.