JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1998, to set aside the judgment and decree dated 13.02.2009 in MCOP.No.107 of 2003 on the file of the Principal Subordinate Judge/Principal Motor Accident Claims Tribunal, Nagercoil.)

The above appeal has been filed by the insurance company challenging the award passed by the Principal Motor Claims Tribunal, Nagercoil in MCOP.No.107 of 2003 on the ground of non involvement of vehicle, liability and quantum.

2. According to the injured claimant, he is a tapper in a rubber estate and when he was walking towards Karavilagam at 7.40 a.m on 12.01.2003, a JCB driven by the first respondent, owned by the second respondent and insured with the third respondent had dashed against him on his back and he sustained serious injuries.

3. According to the claimant, he was admitted as an inpatient from 12.01.2003 to 26.01.2003 and a major surgery was conducted over his right thigh by fixing plates and he was constrained to be on bed rest for three months. He had spent a sum of Rs.5,90,000/- towards medical expenses. According to the claimant, his right leg is shortened by 4 c.m and he is unable to walk free