UNITED INDIA INSURANCE CO., LTD. Vs. S.SATHIKBASHA

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed by the insurance company, challenging the award and decree dated 29.04.2021 passed in M.C.O.P. No. 431 of 2018 on the file of the Motor Accidents Claims Tribunal (Special District Court), Erode and a cross objection has also been filed by the claimant.

(2.) The facts giving rise to the present appeal and the cross objection, in brief, are that the deceased, Mr. Sathik Basha, aged about 19 years, was working as a mechanic. On 31.12.2017 at about 2.25 p.m., he was riding a motorcycle bearing Registration No. TN-45-P-1742, after picking up the vehicle from Karthik Water Services, and was proceeding from west to east towards his residence at Pallayapalayam. While the deceased was riding the motorcycle cautiously, keeping to the left side of the road and adhering to traffic rules, an Eicher Van bearing Registration No. TN-16-A-8706, driven by the 2nd respondent in a rash and negligent manner and in violation of traffic rules, dashed against the motorcycle from behind near Veera Palayam.

(3.) As a result of the impact, the deceased was thrown off the motorcycle and sustained grievous injuries. He was immediately taken to the Government Hospital, Erode, where he was diagnosed with multiple grievous injuries, including severe head injuries involving the frontal, temporal, occipital and parietal regions, fractures to the chest, fracture of the lower one-third of the right thigh bone, segmental fractures of both bones in the right leg, and other injuries. Due to the grievous head injuries and multiple fractures, accompanied by profuse bleeding from the nose and ear, the deceased developed intracranial blood clots, resulting in loss of consciousness and mental impairment. During the course of hospitalization, the deceased underwent three major surgeries to the brain, right leg and right thigh. Owing to the nature of injuries, he suffered permanent disability, resulting in complete loss of earning capacity.