NEW INDIA ASSURANCE CO. LTD. Vs. BHAVANI

JUDGEMENT

(1.) This matter is heard through "Video-Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the award dated 28.02.2013 made in M.C.O.P.No.38 of 2008 on the file of Motor Accident Claims Tribunal, Arni at Tiruvannamalai District.

(2.) The appellant/Insurance Company is 2 nd respondent in M.C.O.P.No.38 of 2008 on the file of Motor Accident Claims Tribunal, Arni at Tiruvannamalai District. The 1 st respondent filed the said claim petition claiming a sum of Rs.50,000/- as compensation for the injuries sustained by her in the accident that took place on 01.06.2007.

(3.) According to the 1 st respondent, on the date of accident, i.e., on 01.06.2007 at about 12.30 hours, while the 1 st respondent was travelling along with others in a minidor vehicle bearing Registration No.TN-25/V1602 belonging to the 2 nd respondent from Melnagar to Chinnaputhur to attend a festival in Mariamman temple, near 5-Puthur Koot Road on the way to Vazhiyur Koot Road Chinnaputhur Road, the driver of the said minidor vehicle drove the same in a rash and negligent manner due to which the vehicle lost its control, got capsized and fell down on the right hand side of the road and thus the accident occurred. In the accident, the 1 st respondent sustained grievous injuries and therefore, she filed the above claim petition claiming compensation against the 2 nd respondent and the appellant/Insurance Company.