M.PREAMKUMAR Vs. M.PALANIAPPAN AND OTHER

JUDGEMENT

(1.) The care, compassion and concern for a living injured person, deprived of full pleasures of living, shattered of his dream of colourful living on account of the accident should be higher than in cases of death. The two main loss in personal injury cases are personal loss and pecuniary loss.

(2.) In respect of amputation (of right leg) sustained, in a road accident that took place on 03.06.2008, by a Sportsman with the aim of becoming a Police Officer, M.Premkumar, aged 19 years, who had been studying 12th standard, the Tribunal has awarded a sum of Rs.3,48,947.00 and the break up details are as under:

(3.) The learned counsel for the Insurance Company/second respondent herein submitted that amputation is an outcome of an invited accident and the appellant, being responsible for the accident, is not entitled to more compensation and in any event, the appellant is also guilty of contributory negligence. This contention is not open to the Insurance Company/second respondent herein as challenging the finding on negligence there is no appeal by the respondent. Therefore, the finding on negligence, which is found on the part of the second respondent, having allowed to become final, cannot be reopened.