SHRIRAM GENERAL INSURANCE CO LTD Vs. K SELVARAJ

JUDGEMENT

(1.) In the accident, which occurred on 16.07.2013, 1st respondent aged about 52 years and stated to be a wood cutter, sustained a fracture of neck of right femur, compound fracture of femur shaft, fracture of left leg and other injuries. A case in Crime No.631 of 2013, has been registered against the driver of the van bearing Registration No.TN21AE8901, insured with Shriram General Insurance Company Limited, Chennai, the appellant herein. The 1st Respondent/injured filed MCOP No.6391 of 2013 on the file of Motor Accidents Claims Tribunal, [II Court of Small Causes], Chennai, claiming compensation of Rs.20 Lakhs, for the injuries, extent of disablement, medical expenses, loss of earning and under other heads.

(2.) M/S.Shriram General Insurance Company Limited, appellant herein disputed the negligence attributed to the driver of van bearing Registration No.TN21AE8901. According to the company, it was the motorcyclist/1st respondent, who was negligent in causing the accident. Without prejudice to the above, they disputed the age, avocation, income and the quantum of compensation claimed under various heads.

(3.) Before the tribunal, 1st respondent/injured, examined himself as PW1 and reiterated the manner of accident. PW2 is the Doctor, who clinically examined the 1st respondent/injured and issued Ex.P11, disability certificate. Ex.P1, FIR, Ex.P2, Discharge summary issued by People's Nursing Home, Ex.P3, Medical Certificate, Ex.P4, Prescriptions for the medical treatment, Ex.P5, Medical Bills, Ex.P6, certificate for future treatment, Ex.P7, Salary certificate issued by the employer, Ex.P8, Bills for the transport of the petitioner to various hospital, Ex.P9, Disability Certificate issued by the Medical Board, Ex.P10, X-rays taken, Ex.P11, Disability certificate issued by PW2 and Ex.P12, X-Ray films, have been marked.