NEW INDIA ASSURANCE CO LTD Vs. KULLACHI @ UNNAMALAI

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 04.01.2012, made in M.C.O.P. No.474 of 2009, on the file of the Additional Sub Court, (Motor Accident Claims Tribunal), Krishnagiri.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.474 of 2009, on the file of the Additional Sub Court, (Motor Accident Claims Tribunal), Krishnagiri. The 1st respondent/claimant filed the said claim petition, claiming a sum of Rs.7,50,000/- as compensation for the injuries sustained by her in the accident that took place on 27.07.2008.

(3.) According to the 1st respondent, on the date of accident, at about 4.30 a.m, when she was traveling as labourer in Tata Ace Van bearing Registration No.TN-24-D-2203 belonging to the 2nd respondent, the driver of the said vehicle drove the same in a rash and negligent manner with great speed in Erode-Kangeyam Road and dashed against the road side neem tree and caused accident. In the accident, the 1st respondent sustained grievous injuries. The accident occurred due to rash and negligent driving by the driver of the Van belonging to the 2nd respondent. The appellant and 2nd respondent as insurer and owner of the offending vehicle are liable to pay compensation.