NATIONAL INSURANCE CO. LTD. Vs. RAJA

JUDGEMENT

(1.) In the accident, which occurred on 27.05.210 between a Eicher lorry bearing Registration No.TN-27 P-8070 and another lorry bearing Registration No.RJ-14 GB-1312, Raja stated to be aged 20 years, a load man, sustained injuries. Another person aged about 26 years, cleaner-cum-load man in Eicher Lorry also sustained injuries. Both of them were provided first aid in Sri Vinayaga Mission Hospital and shifted to Ganga Medical Centre and Hospital, Coimbatore. In this regard, a case in Crime No.346/2010 under Sections 279 and 338 I.P.C. has been registered against the driver of the eicher lorry bearing Registration No.TN-27 P-8070, insured with National Insurance Company Ltd., Salem/appellant herein. Despite treatment, Raja's right leg below knee was amputated. Injured D.Kumar's left limb was amputated below knee and again there was another amputation above knee.

(2.) For the loss of earning during the period of treatment, medical expenses incurred, loss of future earning, expenses incurred for purchase of artificial limb and other heads, Raja filed MCOP No.2130/2010 claiming a compensation of Rs. 50,00,000/-. Similarly, injured D.Kumar, filed MCOP No.2131/2010 claiming compensation of Rs. 50,00,000/-. As both the claim petitions arose out of the same accident, evidence being same, they were tried together.

(3.) To prove the manner of accident, injuries sustained, treatment and disability resulting in loss of earning and future expenses that may be incurred, both the injured examined themselves as PW1 and PW2 respectively. PW3 is the doctor, who clinically examined the injured and issued disability certificates, Ex.X1 for Kumar and Ex.X4 for Raja respectively. PW4 is a staff of Ottobock Company, a specialised manufacturer of artificial limb. Both the injured have marked Ex.P1-copy of FIR in Crime No.346/2010 registered on the file of Kondalampatty Police Station, Ex.P2-Copy of wound certificate for Kumar, Ex.P3-Discharge summary of Kumar, Ex.P4-copy of judgment in C.C.No.405/2010, Ex.P5-photographs with negatives for Kumar, Ex.P6-Bill for artificial leg for Kumar, Ex.P7-Medical Bills of Kumar, Ex.P8-Medical Prescriptions of Kumar, Ex.P9-quotation for artificial boot for Kumar, Ex.P10-wound certificate issued to Raja, Ex.P11-Discharge summary of Raja, Ex.P12-letter sent to Ganga Hospital, Ex.P13-photographs with negatives for Raja, Ex.P14-VAO certificate, Ex.P15-Purchase bill for artificial boot for Raja, Ex.P16 - Medical Bills of Raja, Ex.P17- Medical Prescriptions of Raja, Ex.P18-Copy of G.O.(2D) No.64, Ex.X1-Disability certificate issued to Kumar, Ex.X2-Xray of Kumar, Ex.X3-X-ray receipt of Kumar, Ex.X4-Disability Certificate issued to Raja, Ex.X5-X-ray of Raja and Ex.X6 - X-ray receipt of Raja.