ORIENTAL INSURANCE CO. LTD. Vs. KAMATCHI AND ORS.

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant- Insurance Company against the award dtd. 10/7/2013, made in M.C.O.P. No. 113 of 2009, on the file of the Principal Sub Court, (Motor Accident Claims Tribunal), Krishnagiri.

(2.) The appellant is the 2nd respondent in M.C.O.P. No. 113 of 2009, on the file of the Principal Sub Court, (Motor Accident Claims Tribunal), Krishnagiri. The 1st respondent filed the said claim petition, claiming a sum of Rs.3,00,000.00 as compensation for the injuries sustained by her in the accident that took place on 6/8/2007.

(3.) According to the 1st respondent, on the date of accident viz., 6/8/2007, while the 1st respondent was traveling in the Minidor Auto bearing Registration No. TN-29-F-9559, belonging to the respondents 2 and 3, along with vegetable baskets to sell at Bargur, the 2 nd respondent, driver of the Minidor Auto drove the vehicle in a rash and negligent manner, at uncontrollable speed and due to rash and negligent driving, the Minidor Auto got capsized. The accident has occurred due to rash and negligent driving on the part of the 2 nd respondent. The 1st respondent has taken treatment in Government Hospital, Krishnagiri, for the injuries sustained by her in the accident. Hence, she claimed a sum of Rs.3,00,000.00 as compensation.