HDFC ERGO GENERAL INSURANCE CO LTD Vs. MATHIVANNAN

JUDGEMENT

(1.) The appeal has been preferred by the insurance company, thinking that they could reduce the compensation amount from Rs.29,28,366.00, but, actually, they are going to suffer more amount in their own appeal.

(2.) The 1st respondent, who is a lorry driver, aged about 35 years, allegedly earning about Rs.25,000.00 per month was travelling as a substitute driver on 6/6/2014. The driver of the lorry named Mr.Prabhu drove the vehicle rash and negligently and hit against a parked lorry bearing Reg. No.TN 52 A 9761. In the said accident, the 1st respondent's left leg got fractured and he sustained injuries on the face, head and all over the body. After treatment, the 1 st respondent's leg above the knee was amputated. Therefore, claim petition.

(3.) After contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the driver of the 2nd respondent's lorry, insured with the appellant/insurance company, based on PW1's evidence, rightly, and awarded a sum of Rs.29,28,366.00. The said award is being challenged before this Court on the question of quantum alone.