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2017 Supreme(Mad) 4263

S.MANIKUMAR, M.GOVINDARAJ
National Insurance Co. Ltd. – Appellant
Versus
Raja M. Kasi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S. Vadivel.
For the Respondent: Mr. S.P. Yuvaraj.

JUDGMENT :

S. Manikumar, J.

1. In the accident, which occurred on 27.05.210 between a Eicher lorry bearing Registration No. TN-27P-8070 and another lorry bearing Registration No. RJ-14GB-1312, Raja stated to be aged 20 years, a load man, sustained injuries. Another person aged about 26 years, cleaner-cum-load man in Eicher Lorry also sustained injuries. Both of them were provided first aid in Sri Vinayaga Mission Hospital and shifted to Ganga Medical Centre and Hospital, Coimbatore. In this regard, a case in Crime No. 346/2010 under Sections 279 and 338 I.P.C. has been registered against the driver of the eicher lorry bearing Registration No. TN-27P-8070, insured with National Insurance Company Ltd., Salem/appellant herein. Despite treatment, Raja's right leg below knee was amputated. Injured D. Kumar's left limb was amputated below knee and again there was another amputation above knee.

2. For the loss of earning during the period of treatment, medical expenses incurred, loss of future earning, expenses incurred for purchase of artificial limb and other heads, Raja filed MCOP No.






























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