RELIANCE GENERAL INSURANCE COMPANY LTD Vs. G. MURUGAN

JUDGEMENT

(1.) The Insurance Company has filed this civil miscellaneous appeal challenging the quantum of compensation awarded by the Tribunal.

(2.) The short facts that are essential for the disposal of this appeal is that on 28.06.2009 at about 10.30 p.m., when the claimant was a duty driver, waiting with his lorry bearing Registration No.A.P.09.Y.3495 from 10.30 a.m. to load Dry Ash from II mines, Neyveli Township, standing near II Main gate, the vehicle viz., TARAS Tipper Lorry bearing Registration No.TN-37-AY-8381, belonging to the first respondent (before the Tribunal), was driven by its driver in a rash and negligent manner reversely, without following the traffic rules and regulations and lost his control resulting with the accident by the crown back wheel tyre of such vehicle ran over the claimant's right foot. As a result of which, the claimant sustained crush injuries over his right foot and immediately, he was admitted in the Government Hospital, Cuddalore and then transferred to Government Hospital, Puducherry, for advance treatment and then, he was referred to the Government Hospital at Chennai. The accident had occurred only due to the rash and negligent driving of the driver of the vehicle belonging to the first respondent (before the Tribunal). For the injuries sustained by him, the injured/claimant has filed a claim petition in M.C.O.P.No.1375 of 2009 before the Tribunal claiming a sum of Rs.7,00,000/- as compensation.

(3.) Before the Tribunal, on behalf of the claimant, the injured/claimant examined himself as P.W.1 and Dr.R.Venugopal was examined as P.W.2 and one Mr.D.Sathasivam was examined as P.W.3 and documents Exs.P.1 to P.13 were marked. On the side of the second respondent (before the Tribunal)/Insurance Company, no witness was examined and no document was marked.