DHANAKOTTI Vs. MANICKAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree dated 06.07.2010 made in M.C.O.P.No.553 of 2006 on the file of Motor Accident Claims Tribunal (Learned II Additional Subordinate Judge), Villupuram.

(2.) According to the appellant / claimant, she was working as Load Woman in the tractor bearing Regn. No.TN32U5457 attached with unnamed Trailor and earning Rs.150/- per day. On 26.06.2006, the appellant was travelling in the said tractor as Load Woman from Eranchi to Valavanthakuppam, at about 5.00 p.m., between Sorriyadur Village and Sembimadevi village, the said tractor capsized and in that accident, the appellant sustained severe and grievous injuries. She was immediately taken to Jipmer hospital, Pondicherry and she got treatment for nearly ten days, thereafter, she took treatment in a private hospital, Kallakurichi. She sustained injuries on her left foot, right thigh and fracture of Tibia (left leg). Further, she was not able to perform her job for atleast one year and she finds difficult to do her normal duties. Moreover, the accident had happened only due to the rash and negligent driving of the driver. Therefore, claiming compensation of Rs.5,61,000/- against the 1st and 2nd respondents, who are the owner and insurer of the said tractor respectively, the appellant has approached the Tribunal.

(3.) Per contra, the 2nd respondent / Insurance Company has filed a detailed counter affidavit denying all the averments and pleadings of the appellant, viz., age, income and avocation. Further, in the counter affidavit, the 2nd respondent has stated that the appellant has not produced any documentary evidences, viz., copy of accident register, wound certificate, disability certificate and medical bills and that the injuries are simple in nature. Also, there is no disablement suffered by the appellant and she has got free treatment in Government hospital as out-patient. Therefore, seeks to dismiss the claim petition.