A SAKTHIVEL Vs. R PERIYASAMY

JUDGEMENT

(1.) BEING dissatisfied with the quantum of compensation of Rs.42,500/- awarded for personal injuries sustained, the Appellant-Claimant has preferred this Appeal.

(2.) RELEVANT facts which are necessary for disposal of this Appeal are as follows:- On 22.9.1999 - 8.15 A.M. the Claimant was riding his bi-cycle with his four years old son namely the Claimant in M.C.O.P.No.1407/99 and proceeding on Yercaud Salem road. When they nearing Judge Salai Branch road, motorcycle bearing registration No.TN-27-D 5746 came in the same direction driven by its rider in a rash and negligent manner and dashed against the cycle from rear side, as a result of which the Claimant fell down and sustained fracture injuries - fracture of right hip and multiplier injuries all over the body. The Claimant in M.C.O.P.No.1407/1999 also sustained fracture of right femur and multiple injuries all over the body. The Claimant in M.C.O.P.No.1407/99 was aged only 5 years and he was studying in L.K.G. The Claimant in M.C.O.P.No.1408/99 was working as Accountant in Treasury Office, Salem. Alleging that the accident was due to rash and negligent riding of the motorcycle, the Claimant filed Petition U/s.166 M.V. Act claiming compensation of Rs.1,50,000/-.

(3.) THE learned counsel Ms. S.Geetha, appearing for the Appellant-Claimant has submitted that the Claimant has suffered injuries in the hip portion, due to which the movement of hip has been restricted which was not properly appreciated by the Tribunal. It was further submitted that the Appellant was working as Accountant in Salem Treasury and that he has to apply for medical leave and had he not sustained injuries, he would have encashed the medical leave and the Tribunal erred in not awarding any compensation for Loss of earning during the period of treatment. It was also submitted that since there was shortening of leg, the Tribunal erred in not awarding any compensation for loss of amenities of life.