COMMON JUDGMENT

The present Civil Miscellaneous Appeals have been filed challenging the judgement and Award dated 2017 dated 05.06.2020, in MCOP No.312 of 2017 passed by the Motor Accident Claims Tribunal (Sub Court) Jayankondan.

2. The facts leading to the present lis is that, on 02.09.2016 at about 7:15 p.m., the claimant, had met with an accident due to the rash and negligent driving of a Two Wheeler which, came from behind and dashed him, causing grievous injuries, including a skull fracture and blood clot his brain vessels. He was immediately rushed to the hospital, where he underwent brain surgery and continued the treatment as an inpatient from 03.09.2016 to 30.09.2016.

3. The injuries sustained by the claimant have resulted in permanent disability, assessed at about 25%, which has substantially impaired his earning capacity and rendered him incapable of continuing his occupation. Therefore a claims petition came to be filed, claiming compensation to the tune of Rs.38,00,000/-. The rider of the offending motorcycle was impleaded as the 1st respondent, and the insurance Company which had insured the offending vehicle was impleaded as the 2nd respondent. Upon the demise of the