ASHOK KUMAR Vs. MARAPPAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the claimant against the award of a sum of Rs.2,53,964/-, as against the claim of Rs.10,00,000/-.

(2.) THE appellant/claimant suffered injury in the accident occurred on 13.07.2003, during which the vehicle belonged to the first respondent, insured with the second respondent, dashed against the claimant, when he was standing on the road. As a result, he sustained fracture and his left leg got crushed, apart from the injuries all over the body. Immediately after the accident, the appellant was taken to WanLess Hospital at Miraj, where his left leg was amputated and he was hospitalised from 13.07.2003 to 20.08.2003. Subsequently, he was transferred to R.S. Ortho Hospital at Rajapalayam and he is continuing with the treatment. THE claimant has contended in the claim petition that he is unable to walk, stand and move about without the help of others because of the amputation and the other injuries. He lost his avocation as a driver. He claimed that he was earning a sum of Rs.4,000/- as monthly income and he was aged about 23 years at the time of accident.

(3.) THE case of the claimant is that he was earning about Rs.4,000/- per month by working as driver. To prove it, he examined P.W.3. Through him, Ex.P.10, Salary Certificate was marked. According to the salary certificate, the monthly salary was Rs.4,000/-, apart from perks. P.W.2, the doctor spoke about the injuries sustained by the claimant and the disability attained because of the injuries and the amputation of the left leg. P.W.2 fixed the permanent disability at 95%. In support of it, he gave the disability certificate, which was marked as Ex.P.12. Admittedly, there is no dispute regarding the amputation of leg and the 95% permanent disability attained by the claimant and loss of avocation as driver.