LAWS(MAD)-2018-9-604

RANJITH Vs. N RAJA

Decided On September 26, 2018
RANJITH Appellant
V/S
N Raja Respondents

JUDGEMENT

(1.) The challenge in this appeal is, to the award of the Motor Accident Claims Tribunal, (II Court of Small Causes), Chennai made in MCOP.No.3726 of 2016, by the claimant seeking enhancement.

(2.) The claimant who suffered injuries in the accident that occurred on 11.04.2016 is the appellant. The injuries suffered in the accident resulted in amputation of his right foot. He had also undergone treatment as inpatient in Global Hospital, Chennai for 16 days and was treated as an outpatient till 13.02017. Claiming that he had undergone 9 surgeries including Diversion Colostomy, the claimant sought for compensation of Rs. 63,00,000/-.

(3.) The claim was resisted by the Insurance Company contending that the accident occurred due to the rash and negligent driving of the two-wheeler by the claimant. The version of the claimant regarding the manner in which the accident had occurred was denied by the Insurance Company. The nature of the injuries, treatment taken and the resultant loss of earning power were also disputed by the Insurance company.