ORIENTAL INSURANCE CO LTD Vs. RATHINAM

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 30.01.2006, made in M.C.O.P.No.99 of 2004, on the file of the Motor Accident Claims Tribunal, Principal Subordinate Court, Coimbatore, awarding a compensation of Rs.2,03,230/- together with 7.5% interest per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent has filed the above appeal praying to scale down the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: According to the petitioner, the first respondent is the owner-cum-driver of the Maruthi car bearing registration No.KL01 U2693, had parked her car in a no parking area along the main road, in front of Shrihari Automobiles, Sulur, Coimbatore, thereby violating the traffic rules. The first respondent could have atleast switched on her indicators, to alert the following vehicles. The petitioner was a pillion rider, was travelling with her husband on 29.06.2002, in scooter bearing registration No.TN39 E7602, at about 5.30 p.m. when they were nearing the Shrihari Automobiles at Sulur of Coimbatore was knocked down by the first respondent, who negligently opened her front right door without noticing the petitioner's scooter. The first respondent apart from parking her vehicle in a no parking area, without an atom care to see if any vehicle is coming behind, mechanically and negligently opened her car's front right door, as a result the petitioner and her husband travelling in the scooter in a fraction of a second was blown off into the streets. By the sudden unexpected door-open by the first respondent, the petitioner succumbed to grievous sutured wounds and multiple injuries and was rushed to the hospital for first aid and treatment by the people, who gathered there. The petitioner was a pillion rider and the scooter bearing registration No.TN39 E7602 was driven by the petitioner's husband, who had a valid driving licence at the time of the accident, is also added as a formal party to the proceedings as the third respondent. The scooter bearing registration No.TN39 E7602 belonging to one A.N.Sukumar, who is also added as a party to the proceedings as the fourth respondent. Whereas the fifth respondent is the insurer of the scooter. The accident had taken place only due to careless and negligence of the first respondent. Hence the first respondent is held liable as the driver-cum-owner of the Maruthi Car bearing registration No.KL01 U2693; insured with the second respondent. Hence, the respondents 1 and 2 are vicariously, jointly and severally held liable to pay compensation to the petitioner. As such, the petitioner claimed a compensation of Rs.3,00,000/- before the Tribunal.