R RENJU Vs. KANU DAS

JUDGEMENT

(1.) This appeal is being pursued by the legal heirs of the claimant Sri Unnikrishnan Nair who has expired.

(2.) This appeal by the claimant is directed against the award, dated 15.10.2001, passed by the learned Motor Accident Claims Tribunal, West Tripura, Agartala in Case No.T.S.(MAC) 71 of 1999 whereby a sum of Rs.1,99,952/- along with interest was awarded in favour of the petitioner.

(3.) The undisputed facts are that on 17.09.1997 a motor vehicle accident took place at 10.30 A.M. outside the main gate of the ONGC. In this accident involving vehicle No.TR-01-3169, owned by Kanu Das and driven by Gautam Malakar and insured with United India Insurance Company Ltd. the petitioner had sustained injury on his leg. As a result of the injuries there was a fracture on the distal end of the left radius, compound fracture of both bones of left leg, injury on head and injuries on other parts of the body. The claimant was immediately taken to the G.B. Hospital at Agartala where he remained admitted for two days and thereafter he was referred to Calcutta Medical Research Institute and was treated at Calcutta from 19.09.1997 to 14.10.1997. After discharge from the hospital at Calcutta he was advised rest and he was admitted at Medical College and Hospital, Thiruvananthapuram, Kerala, on 07.11.1997 and was discharged on 22.11.1997. The claimant did not recover despite these treatments and he was again admitted at K.J. Hospital, Chennai. According to the claimant, he was thereafter again treated at V.S.M. Hospital, Kerala but the respondents contest this portion of his claim.