UNITED INDIA INSURANCE COMPANY LIMITED Vs. VIJI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the judgment and decree dated 28.10.2004 made in M.C.O.P.No.70 of 2003, on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Devakottai.

(2.) The brief facts of the case are as follows: The accident in this case happened on 04.12.2001 at about11.00a.m. While the claimant Minor Viji, aged 13 years, was walking along the left side of the Kovilur main road, a two wheeler bearing registration No.TN-63-X-1125 belonging to the first respondent and insured with the second respondent driven in a rash and negligent manner, dashed against the claimant. In that accident she suffered fracture to left leg, fracture to left shoulder and injury to the head. The Claimant claimed a sum of Rs.1,50,000/- as compensation.

(3.) In support of the claim, Mr.Raman, the father of the claimant was examined as P.W.1 and the doctor was examined as P.W.2 and the documents Exs.P.1 to P.8 were marked as follows: Ex.P.1-Copy of First Information Report Ex.P.2-Copy of charge sheet Ex.P.3-Copy of Accident Register Ex.P.4- Copy of M.V.I. report Ex.P.5-Copy of judgment Ex.P.6-Wound certificate Ex.P.7-X-ray Ex.P.8-X-ray On the side of the respondent Insurance Company, one Vadivel was examined as R.W.1 and the document Ex.R.1- copy of Insurance policy was marked.