ORIENTAL INSURANCE COMPANY DIVISIONAL OFFICE Vs. SARVAR HUSSAIN

JUDGEMENT

(1.) Being aggrieved by the award passed by the Motor Accident Claims Tribunal (Special Sub Court No.1) Salem, dated 10.06.2016, in M.C.O.P.No.1264 of 2012, Oriental Insurance Company Ltd., Salem, has preferred this appeal.

(2.) Facts leading the appeal are that on 11.08.2012, the first respondent was riding his motorcycle, bearing Registration No.TN77-B-1080, from Vazhappadi to Salem Main Road, near Muthampatty Bus Stop, a Mahindra Max Cab, bearing Registration No.TN39-AV-7800, owned by the second respondent and insured with the appellant - Insurance Company, came in the opposite direction, driven by its driver, in a rash and negligent manner, dashed against the motorcycle, due to which, he was thrown out from the motorcycle and got grievous head injury and crush injury in the right leg below knee. In this regard, a case in Crime No.416 of 2012 has been registered against the driver of the Maxi Cab, for offences, under Sections 279 and 338 IPC, on the file of the Vazhappadi Police Station.

(3.) Immediately after the accident, the first respondent / claimant was taken to Salem Government Hospital and given intensive treatment. Unable to control the bleeding in the crush injury, his right leg below knee, was amputated to save his life. After amputation, he developed the deficiency of the potential acid, leading to severe uncontrollable stomach pain and booming of stomach. Thereafter, he was shifted to Coimbatore PSG Medical College Hospital, for further treatment and during which period, he undergone emergent surgery and spent around Rs.2,00,000/-, at the time of filing of the claim petition. Cost of the artificial leg at KMCH Hospital, Coimbatore, was Rs.5,00,000/- and its life is for a period of five to seven years and after that, it has to be replaced time to time. For the injuries sustained and treatment to be taken, he claimed compensation of Rs.50,00,000/-.