MUNAVIRA Vs. RELIANCE GENERAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Inadequacy of the compensation of Rs. 9,80,000/ - ordered to be paid with interest @ 9% per annum from the date of petition, till realization, in respect of the injuries sustained by the 'minor' girl of 7 years, is the subject matter of this appeal, seeking for enhancement.

(2.) The accident was on 24.9.2012 at about 9.45 am. when the appellant, who was aged 7 years at that point of time, was proceeding to school. She was knocked down by a tipper lorry bearing registration No. KL -57 -A -9062 (owned, driven and insured by the respondents 1 to 3 before the Tribunal). Immediately, she was taken to MIMS Hospital, Kozhikode and thereafter to the Specialist Hospital at Ernakulam. After more than one month of hospitalization, the appellant was discharged and thereafter, the loss was sought to be compensated by filing the claim petition.

(3.) The owner and driver of the offending vehicle did not choose to contest the matter and were set ex -parte. The insurance company admitted the policy, but denied the liability on general grounds. The evidence adduced before the Tribunal consists of the documents produced as Exts. A1 to A8 from the part of the claimant, besides Ext. C1 disability certificate. Exts. B1 and B2 (charge sheet and insurance certificate) were marked from the side of the respondent/insurer. After analysing the facts and figures, the Tribunal arrived at a finding that the accident was solely because of the negligence on the part of the driver of the lorry.