MURUGAN Vs. POONAM MADHUKAR INGALE

JUDGEMENT

(1.) Challenge in this appeal is to the award of The Motor Accident Claims Tribunal, Tiruvannamalai dated 08.03.2016 in and by which the Tribunal granted a sum of Rs. 4,71,838/- as compensation for the injury suffered by the claimant in a motor accident that occurred on 07.03.2012.

(2.) The Claimant/appellant had sought for a compensation of Rs. 30,00,000/- for the injuries sustained, as well as towards the permanent disability caused due to the accident. According to him, on 07.03.2012 at about 6.45 A.M, he was riding his motor cycle bearing Registration No. TN 32/J-2943 from Kattusithamur to Tiruvannamalai. While, he was driving at a slow speed on the left hand side of the road, the driver of the lorry, owned by the second respondent, bearing Registration No.K.A22/A-7152, which came in the opposite direction, driven by its driver in a rash and negligent manner, dashed against the motor cycle, as a result of which, the claimant suffered fracture in his right leg and injuries on his left thigh bone, right wrist, right palm and head. They were also other injuries all over his body. He was admitted in Tiruvannamalai Government Hospital and thereafter he was shifted to MIOT hospital, Chennai. The claimant has contended that he has spent about Rs. 10,00,000/- towards medical expenses. The claimant has filed claim petition claiming a sum of Rs. 30,00,000/- as compensation.

(3.) This claim petition was resisted by the second respondent Insurance Company contending that the claimant was not earning Rs. 10,000/- per month, his avocation and age were also disputed. The Insurance Company, further claimed that the driver of the lorry bearing Registration No. K.A22/A-7152 was not possessing valid license. The liability of Insurance Company was also denied. The nature of injuries and the claim of permanent disability were also disputed by the insurance company.