NEW INDIA ASSURANCE COMPANY LTD., Vs. ROBINSON

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred as against the award passed in MCOP No.764 of 2018, dtd. 28/10/2021, on the file of the learned Special Sub Judge, Tirunelveli.

(2.) The first respondent/claimant filed claim petition seeking compensation under Sec. 166 of the Motor Vehicles Act for the injuries sustained by him in the motor vehicle accident on 7/11/2017 at about 06.15 pm. When the claimant was riding his motor cycle bearing Reg.No.TN 72 K 7417 from North to South on the left side of the Melapalayam to Kokkirakulam main road near Kurichi Railway Gate, from the opposite side a Hyundai Eon Car bearing Reg. No TN 10 AS4021 insured with the appellant was driven by the second respondent in a rash and negligent manner and dashed against the claimant's motor cycle. Due to which, he sustained multiple injuries all over his body and also suffered fracture over his right leg. Immediately he was taken to TVMCH Hospital at Highground and from there he was referred to Chella Suriya Hospital at Rahmath Nagar, Tirunelveli. He was admitted as inpatient from 7/11/2017 to 26/11/2027 and he has undergone several surgeries and also fixed with steel plate and rod on his right leg. Even after discharge from the hospital he was taking treatment continuously as out patient. He incurred huge medical expenses. On the complaint the Inspector of Police, Traffic Investigation Wing registered First Information Report in Crime No. 283 of2017 for the offences under Ss. 279 and 337 of IPC as against the second respondent herein. Thereafter, the claimant filed a petition claiming compensation for the loss of his income and also for medical expenses.

(3.) In order to prove the same, the claimant was examined as P.W.1 and through him 16 documents were marked as Ex.P.1 to P.16. On the side of the appellant, they had examined R.W.1 to R.W.3 and marked 9 documents. The Court has marked one document as Ex.C.1.