NATIONAL INSURANCE COMPANY LTD Vs. DURAISAMY

JUDGEMENT

(1.) The Insurance Company has preferred this appeal against the award dated 18.10.2010 passed by the learned Principal Subordinate Judge, Motor Accidents Claims Tribunal, Salem, in M.C.O.P.No.1055 of 2005 questioning both on the liability as well as on the quantum of compensation.

(2.) The accident in this case happened on 06.10.2005, at about 02.30 p.m., while the claimant was travelling as a load man in an auto bearing Registration No.TN-30-E-5531 near Authumedu bus stop on the Belur-Thumbal main road. Due to the accident, the injured/claimant sustained severe fracture and injuries all over the body. For the injuries sustained by him, the claimant/first respondent herein has filed a claim petition claiming a sum of Rs.5,00,000/- as compensation.

(3.) The injured/claimant examined himself as P.W.1 and Doctor was examined as P.W.2 and one Mr.P.Elaiyaraja was examined as P.W.3 and documents Exs.P.1 to P.6 were marked on the side of the injured/claimant. On behalf of the respondents before the Tribunal, three witnesses were examined as R.Ws.1 to 3 and documents Exs.R.1 to R.3 were marked.