UNITED INDIA INSURANCE CO. LTD. Vs. VENNILA (MINOR)

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 16.06.2010 made in M.C.O.P.No.1363 of 2005 on the file of Motor Accident Claims Tribunal, I Additional Sub Court, Coimbatore.

(2.) The appellant/Insurance Company is the 3rd respondent in M.C.O.P.No.1363 of 2005 on the file of Motor Accident Claims Tribunal, I Additional Sub Court, Coimbatore. The 1 st respondent represented by his mother filed the said claim petition claiming a sum of Rs.2,00,000/- as compensation for the injuries sustained by her in the accident that took place on 22.12.2004.

(3.) According to the 1 st respondent, on the date of accident i.e., on 22.12.2004 at 8.45 a.m., while she along with her sister Saranya were walking along the Thudiayalur to Masuvai Main Road on the extreme left side of the road from West to East direction to go to school, near the scan workshop Appanaickenpalayam, a bricks laden lorry belonging to the 3 rd respondent, which was coming behind, driven by the 2 nd respondent in a rash and negligent manner at high speed, turned to its right side, got capsized and thus, the accident has occurred. In the said accident, the 1 st respondent sustained grievous injuries all over the body. Therefore, the 1 st respondent has filed the above claim petition claiming compensation against the respondents 2 to 4 and the appellant/Insurance Company.