AGILAVALLI THIRUMALAI Vs. M.ARUL

JUDGEMENT

(1.) The claimant is the appellant in this appeal, seeking enhancement of compensation.

(2.) The case of the claimant before the Tribunal is that, on 13.09.2012 at about 07.15 p.m., while the appellant/claimant was riding in her two wheeler bearing Regn. No.TN-09-AP-5697, a car belong to the 1 st respondent with Regn. No.TN-01-T-0724 came in rash and negligent manner and dashed against the appellant and the appellant sustained serious injury all over the body, including a fracture. She was given first-aid at Pallava Hospital, thereafter, she was admitted at Vijaya Health Centre, Chennai, and taken treatment till 01.10.2012. Again, she was admitted on 25.10.2012 and till 05.11.2012 taken treatment. In the said accident, the appellant suffered 85% disability. The appellant was working in the office of the Principal Accountant General, Chennai, as Assistant Accountant Officer. Due to the accident, she was not able to discharge her duties as before the accident. That apart, she has also incurred huge medical expenses and need further medical treatment. Hence, claiming a sum of Rs.24 lakhs as compensation, the claim petition has been filed.

(3.) The 1 st respondent/owner of the vehicle remained exparte and the second respondent Insurance Company contested the claim petition stating that the accident was taken place due to the rash and negligent driving of the appellant/claimant. The offending vehicle is a tourist car, and the driver did not have a endorsement in the driving license to drive the tourist vehicle, which is a violation of insurance policy conditions, and hence, the respondent Insurance Company is not liable to pay any compensation. That apart, the appellant did not suffer any permanent disability, and the appellant suffered only minor injuries. Hence, the compensation claimed by the appellant is highly excessive and there is no reason to interfere with the order of the Tribunal.