MANAGER, NEW INDIA ASSURANCE CO LTD Vs. SANTHOSHKUMAR

JUDGEMENT

(1.) The Judgment was delivered by the Honourable Mr.Justice R.Subramanian

(2.) According to the claimant on 03.11.2013 at about 12 Noon, he was proceeding from North to South on Vazhuthavur Main road in a Motor cycle bearing registration No.TN-31-BY-9725 with one Anantha Natarajan as pillion rider. The car belonging to the 1st respondent and insured with the 2nd respondent Insurance company coming in the opposite direction driven by its driver in a rash and negligent manner dashed against the Motor cycle. As a result of the accident, the claimants suffered injuries in the face and fractures on his left leg. The crush injuries in the left leg let to amputation of the left leg below the knee. As a result of the injuries, the claimant had suffered loss of earning power and he lost job as set of System Administrator in Canara Bank Data Center, Bangalore. Claiming that he was earning a sum of Rs. 50,000/- per month. The claimant sought for a compensation of Rs. 50,00,000/- including cost of artificial limb.

(3.) The Claim petition was resisted by the Insurance company contending that the accident occurred only due to the rash and negligent driving of the two wheeler. The nature and the effect of the injury was also denied by the Insurance company. The Insurance company also denied the particulars of income as well as the percentage of disability said to have been caused by the injured.