S.M.SUBRAMANIAM,J. - (1.) This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the judgment and decree, dated 12.03.2013, made in M.C.O.P.No.2466 of 2010, on the file of the Motor Accident Claims Tribunal, VI Small Causes Court, Chennai, (for short, 'the Tribunal').
(2.) On 3rdrd July, 2010 at about 9.45 hours, when the claimant was riding a motor-cycle, bearing Regn. No.TN-02-AH-4460, from south to north direction in GNT Road, an Innova Car, bearing Regn No.TN-09-AK-1793, which came in the opposite direction, near Panjettti Junction, dashed against the motorcycle, and caused the accident, on account of which, the claimant sustained grievous injuries, which are in the nature of i) multiple compound and comminuted fracture in right leg thigh bone, ii) multiple fracture in left hand wrist, iii) major degloving injury and dislocation of bone in right leg knee, iv) severe punctured wound in right side chest near throat, v) blood clotting in chest and abdomen, and vi) multiple internal and external injuries all over the body.
(3.) Regarding the said accident, an FIR was also registered against the driver of the car, in Crime No.360 of 2010, on the file of Kavarapettai Police Station, Thiruvallur District, for offences under Sections 279 and 338 of the Indian Penal Code (marked as Ex.P.1), and the Criminal Court, vide judgment, dated 19.01.2012, made in S.T.C. No.974 of 2011, convicted the driver of the car and sentenced him to pay a fine of Rs. 1,500/- (marked as Ex.P.31).;