G BALAKRISHNAN ALIAS BALACHANDER Vs. V KESVAN

JUDGEMENT

(1.) THE Appeal is directed against the judgment and decree made in M. C. O. P 2347 of 1999 dated 9-4-2001 on the file of the motor Vehicle Accident Claims Tribunal (2nd Judge, Small Causes Court), Chennai.

(2.) THE appellant sustained injuries while he was going in an autorickshaw along ponneri Main Road. A lorry which was coming from the opposite direction dashed against his auto. There is no quarrel by the respondent/ insurance Company with regard to the manner of accident as well as the negligence on the part of the driver of the lorry. The main contention revolves around the quantum of compensation fixed by the Tribunal.

(3.) IN order to come to a conclusion, a perusal of the oral evidence on record with regardto medical factors is necessary. P. Ws. 2 and 3 are Doctors, through whom Exs. P-1 to 9 were marked before the Tribunal to show that the appellant is suffering from various disabilities. He was in hospital as in patient from 13-1-1999 till 20-4-1999. P. W.-2-Doctor who examined the injured has deposed that the injury in the eye of the claimant was very serious and that the claimant's eye balls got shrunk and has lost vision in his left eye. The said disability is a permanent one and that he has assessed it at 50% by issuing Ex. P-8-Disability Certificate. P. W. 3 is also a Doctor who by examining the injury of the appellant found that his right side lung was affected causing various respiratory dysfunctions and he was continuously suffering from giddiness and headache, that muscle is twitching in his left cheek, that he sustained injuries on his forehead and both the legs, which left scars and hence on account of above said injuries, the Permanent Disability for the injured was 35%, for which he has issued Ex. P-9-Disability Certificate.