ORIENTAL INSURANCE CO LTD CHENNAI Vs. P GOVINDASWAMY

JUDGEMENT

(1.) The Insurance Company is the Appellant. The insurer questions death of the deceased due to injuries sustained in this accident and also quantum of compensation awarded by the lower Tribunal.

(2.) As the matter now stands there is no dispute about the deceased, who was aged 19 years, sustaining injuries on 19-06-2001 in motor vehicle accident in which TATA Sumo bearing No. TNO1J 9810 hit the deceased. PW-2, who is one of the eye witnesses to the accident, speaks to the manner of accident and also proves that the accident was due to rash and negligent driving of the said Tata Sumo vehicle.

(3.) In the accident, as per Ex.A4 wound certificate, the deceased sustained fracture of right clavicle and also other multiple injuries. Undoubtedly, fracture of right clavicle is a grievous injury. After taking treatment in Government Hospital, Chittoor, the deceased was shifted to CMC, Hospital, Vellore, Tamil Nadu State, where he took treatment from 21-06-2001 to 28-06-2001 for fracture of right clavicle. FW-3, who is the doctor in Vellore Hospital speaks to the said fact and marked Ex.A5, certificate issued by Registrar of Ortho Unit I, CMC Hospital, Vellore. Subsequently, the Petitioner was shifted to his house in CM Kandriga village. The deceased died on 17-07-2001 at his native village. The Respondent Nos. 1 and 2 filed claim petition before the lower Tribunal i.e., Motor Accidents Claims Tribunal-Cum-Prl. District Judge, Chittoor, claiming compensation of Rs. 2,15,000/- for death of the deceased in the motor vehicle accident. The lower Tribunal awarded compensation of Rs. 1,91,700/- to the Respondents 1 and 2 for death of the deceased because of the injuries sustained in this accident.