NEW INDIA ASSURANCE CO LTD Vs. KUMANAN

JUDGEMENT

(1.) The appellant/second respondent has field the civil miscellaneous appeal No. 718 of 2005 against the decree and judgment passed by the Motor Accidents Claims Tribunal (Additional District Court, Fast Track Court No. 2 at Cuddalore) in MCOP No. 225 of 2004 dated 12th October, 2004 awarding a total compensation of Rs.7,88,000/- together with interest at the rate of 9% per annum from the date of filing the claim petition till date of payment of compensation.

(2.) The short facts of the case are as follows: The petitioner, Kumanan, S/o. Ramalingam, was travelling in the Suzuki Motor cycle bearing registration No. PY-01-L-2535 from Cuddalore to Periakanganankuppam on 5th June, 2001. A Hero Honda Motor Cycle, bearing registration No. TN-49-A-9301, coming from Pondicherry to Cuddalore, owned by the first respondent, one Velmurugan and driven by him in a rash and negligent manner, hit against the petitioner. In the result, the petitioner sustained grievous injuries on his head, forehead and right leg and all over the body. Immediately, he was admitted in Sri Kannan Hospital, Cuddalore. Subsequently, for further treatment, the petitioner was taken to Chennai and admitted in Malar Hospital, wherein major surgery was done. Thereafter, the petitioner is undergoing treatment regularly. Due to this accident, his right eye vision has been lost, and the total vision power is impaired and as such, he has become permanently disabled. The petitioner is a Mechanical Engineer and employed in Padhmam Herbal Care (P) Limited, Pondicherry, as a Production Engineer. He was earning Rs.7,500/- per month. Due to this accident, he could not attend to his normal duties and his income has been depleted. He is able to survive and do normal activities, only with the help of others. Hence, the first respondent is liable to pay compensation. His vehicle has been insured with the second respondent, Insurance Company and so both the respondents are liable to pay compensation. In connection with this accident, the Reddichavadi Police Station registered a criminal case in Crime No. 149 of 2001.

(3.) The petitioner has claimed a compensation of Rs.15,00,000/- under the following heads;