KANDASWAMY Vs. SUBRAMANIAN

JUDGEMENT

(1.) THE appellants, who are the owner of the tractor involved in the accident and the insurance company, with whom the vehicle has been insured, challenge the correctness of the judgment dated 5.6.1997 made in M.C.O.P.No.418 of 1995 on the file of Motor Accidents Claims Tribunal (Sub Court), Cuddalore, whereby, the Tribunal has allowed the claim petition and awarded a compensation of Rs.1,25,000/- (Rupees One lakh twenty five Thousand only) with interest at 12% p.a., for the injuries sustained by the respondent herein, in a motor accident said to have taken place on 17.9.1994 at 8.00 p.m., near Manjakuppam in Pondy Road at Cuddalore.

(2.) ACCORDING to the respondent, who was examined as P.W.1, on 17.9.1994 at about 8.00 p.m., when he was travelling in his TVS-Suzuki bearing Registration No.TN-31-Z-1801, the tractor cum trailor bearing Registration No.TCF-365 and TCF-130, belonging to the first appellant, which was driven by its driver in a rash and negligent manner, dashed against him, which resulted in his sustaining injuries.

(3.) THE main contention urged by the learned counsel for the appellants is that the Tribunal erred in accepting the total disability of 45% (25% in the right hand and 20% in the right leg) as assessed by the doctor, P.W.2, inasmuch as the said injuries are only simple in nature, even as per Ex.P.3, accident register copy and hence, the award is liable to be set aside on that ground.