ORIENTAL INSURANCE CO LTD Vs. SELVI S.RITHU

JUDGEMENT

(1.) Challenging the award passed by the Motor Accidents Claims Tribunal, Tiruppur, as exorbitant, The Oriental Insurance Company Limited, which is the 2nd respondent before the tribunal, has come forward with this Civil Miscellaneous Appeal.

(2.) For the sake of convenience, the appellant will herein be referred to as the insurer, the 1st respondent herein will be referred to as the claimant while the respondents 2 and 3 will be referred to respectively as the driver and insured.

(3.) The case of the claimant before the tribunal is that, on 18.01.2015 at about 03.30 p.m. while she was traveling in a Maruthi Car bearing Regn. No. TN 43 B 3305 along with her parents on Mettupalayam-Ooty Ghat Road, near First Hairpin bend, a Innova car bearing Regn. No. KL 04 Y 7277 belonging to the 3rd respondent and insured with the appellant, which came in the opposite direction, driven by 2nd respondent herein in a rash and negligent manner dashed against the car in which, she was traveling as a result of which she sustained grievous head injury. She was immediately taken to Government Hospital at Mettupalayam, after first aid treatment, she was shifted to KG Hospital at Coimbatore where she had undergone surgery. She was taking treatment from 18.01.2015 to 30.01.2015 as in patient. She was again admitted at the very same Hospital for another surgery and was taken treatment from 25.03.2015 to 02.04.2015. At the time of accident, she was hardly 18 years old and she was doing her I Year B.D.S., course at K.S.R. Dental Science and Research College at Tiruchengode. Due to the head injury sustained in the accident, she could not pursue her studies effectively. She has been still suffering from head ache due to the impact of the head injury and there is no coordination between her hands and legs. Her right eye also got injured in the accident. The surgeries conducted for the head injury left a permanent scar on her forehead which will have a serious impact on her marital prospects. She had to spend huge sum towards medical expenses and she has to spend further sum towards her future treatment also. Thus, claiming compensation of Rs.50,00,000/- from the insured and the insurer, the claimant filed the claim petition.