SINISHA V.P. Vs. K.P. REGHUNATHAN NAIR

JUDGEMENT

(1.) The appellant, who is the claimant in OP(MV) No.1713/2001 of the Additional Motor Accidents Claims Tribunal, Thalassery, is in appeal invoking Sec. 173 of the Motor Vehicles Act, 1988, aggrieved by Award dtd. 31/3/2006.

(2.) In the year 2001, the appellant was a minor girl aged five years. On 18/5/2001, when the appellant was standing near a bus stop with her mother and sisters, a Mini lorry driven by the 2nd respondent in OP(MV) in a rash and negligent manner, hit the appellant. The appellant suffered serious injuries and was taken to Tellichrery Co-operative Hospital, Thalassery. Considering the serious nature of injuries, the appellant was referred to Medical Trust Hospital, Kochi. Thereafter, the appellant had to be treated at Specialist Hospital, Ernakulam also. The appellant suffered 44% total permanent locomotor disability in relation to the right lower limb. The OP(MV) was filed seeking a total compensation of Rs.5,50,000.00.

(3.) The 3rd respondent-insurer herein contested the OP filing written statement. The insurance coverage on the offending Mini lorry was admitted. The 3 rd respondent, however, contended that the compensation claimed under various heads are exorbitant and without any basis. The appellant produced Exts.A1 to A14 documents, examined herself as PW1 and one Dr. Muraleedharan as PW2.