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2024 Supreme(Online)(MAD) 6178

HIGH COURT OF MADRAS
Hon`ble Mrs Justice R. KALAIMATHI
THE BRANCH MANAGER – Appellant
Versus
THIMMARAJ – Respondent


JUDGMENT

Challenge is made to the judgment and decree passed in M.C.O.P.No.264 of 2017 on the file of Motor Accident Claims Tribunal (Additional District Court), Hosur, dated 18.09.2019, by the Insurance Company.

2. The claim petition was filed under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.30,00,000/- from the respondents for the injuries sustained by the claimant in a road accident that occurred on 13.07.2014.

3. The Tribunal after evaluating the evidence has granted compensation of Rs.16,75,935/- fastening the liability on the 2nd respondent/Insurance Company.

4. The claimant suffered fracture and the Tribunal has invoked multiplier method for calculating the loss of earning power is under challenge.

5. The learned counsel appearing for the appellant/Insurance Company would strenuously argue that the claimant suffered fracture of femur and implants were fixed. At the time of accident, age of the claimant was 26 years and he was said to be a painter. The discharge summary, wound certificate(Exs.P4 and P5) issued by Ashok Hospital, Hosur are the only treatment records. Further treatment records were not produced. It is his further argument that the Medic

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