UNITED INDIA INSURANCE COMPANY LIMITED Vs. P SEKHAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside or modify the order passed in MCOP.No.2466 of 2003, dated 19.11.2008, on the file of the Motor Accidents Claims Tribunal, III Additional Subordinate Court, Thiruchirapalli.

(2.) The appellant / Insurance Company is the second respondent in MCOP.No.2466 of 2003, on the file of the Motor Accidents Claims Tribunal / III Additional Subordinate Court, Thiruchirapalli. The first respondent / claimant, filed the said claim petition claiming a sum of Rs. 6,00,000/- as compensation for the injuries sustained by him in the accident that occurred on 28.03.2003.

(3.) According to the first respondent, after giving signal by the driver of the Tractor, for overtaking the Tractor, the first respondent was about to overtake the Tractor, suddenly, the driver of the Tractor drove the Tractor in a hectic speed and turned the Tractor to the extreme right side of the road and dashed against him, due to that, the accident occurred. The first respondent sustained multiple grievous injuries. The First Information Report was registered against the driver of the Tractor. The first respondent took first aid treatment at Government Hospital, Perambalur and thereafter, shifted to Government Hospital, Trichy and treated as in- patient from 28.02003 to 004.2003 and he suffered permanent disability. The first respondent was aged about 27 years. He was doing Contract work and was earning a sum of Rs. 6,000/- per month. He could not do the work as done by him before the accident and hence, he claimed a sum of Rs. 6,00,000/- as compensation.