V RAVISHANKAR Vs. S BAKTHAVATCHALA REDDIAR

JUDGEMENT

(1.) ON 17.05.1996 at about 7.30 a.m. while the minor claimant was coming in the bicycle sitting on the carrier, near Central Workshop, a Tanker Lorry bearing Registration No.TN-25-Z-6237, driven by its driver in a rash and negligent manner, dashed against cycle from back side, by means of which the claimant received serious injuries including crushing on his left arm. The accident took place due to the rash and negligent driving of the lorry. The first respondent is owner of the lorry and the second respondent is Insurer. Hence a total sum of Rs.4,45,500/- is claimed.

(2.) IN the counter filed by the second respondent it is stated that the accident took place due to the negligence of the cyclist who was carrying the minor claimant in the carrier and there was no fault on the part of the lorry driver. The age, avocation, income, nature of injuries, period of treatment and other aspects mentioned in the petition are denied. The claim is excessive.

(3.) LEARNED counsel for the appellant also placed reliance upon a decision of this Court in 2003 ACJ 1444 [New India Assurance Co. Ltd., v. K. Kartheeswaran] in which this Court while discussing about the case of an injured of 17 years on the date of accident, adopted 35 years as multiplier and awarded a sum of Rs.6,50,000/- as loss of income, assessing Rs.5,000/- as monthly income. In the said case, injured suffered from permanent disability at 90% and he was school going youth. For mental agony and torture due to amputation a sum of Rs.1,00,000/- was awarded and another Rs.1,00,000/- for pain and sufferings and a sum of Rs.2,00,000/- in view of permanent disability has been granted.