BRANCH MANAGER Vs. PARAMASIVAM

JUDGEMENT

(1.) Questioning the quantum of compensation awarded by the Motor Accidents Claims Tribunal (Subordinate Court) Ariyalur, in and by award dated 28.03.2013 in M.C.O.P.No.279 of 2009, the present appeal has been filed by the Insurance Company.

(2.) The 1st respondent herein is the claimant before the Tribunal. It is the case of the claimant that on 20.04.2007 at about 11.40 am, while he was riding Hero Honda Motorcycle bearing Reg.No.TN-22-P-8586 on Ariyalur-Jayambondam Road, keeping left side of the road, a car bearing Reg.No.TN-57-A-5995 belonging to the 2nd respondent herein and insured with the appellant Insurance Company came in a rash and negligent manner and dashed against the motorcycle, thus, caused the accident. In the said accident, the claimant had sustained fracture on his right leg. He had undergone an operation on his right leg and steel-rod was fixed in his right leg and his right leg was shortened by three inches. On account of the disability suffered by the claimant, he is not in a position to continue his avocation, who was a driver by avocation. Hence, the claimant made a claim for a sum of Rs.50 lakhs as compensation before the Tribunal.

(3.) In order to prove his income before the Tribunal, on the side of the claimant, he examined himself as P.W.1 besides examining one Dr.Rathinasamy as P.W.2 and marked 27 documents as Ex.P.1 to Ex.P.27. On the side of the Insurance Company, a Junior Assistant from Regional Transport Office was examined as R.W.1 and driving licence of the driver of the offending car was marked as Ex.R.1.