NATIONAL ISURANCE COMPANY Vs. SAROJA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company challenging the award dtd. 13/3/2012 made in M.C.O.P.No.408 of 2009 on the file of Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District.

(2.) The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.408 of 2009 on the file of Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.IV, Bhavani, Erode District. 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 29/8/2009.

(3.) According to the 1st respondent, on the date of accident i.e., on 29/8/2009, at 12.35 a.m., while the 1st respondent was travelling in a omni van from Sathiamangalam to Gobichettipalayam Main Road, near Kothukatu Palam from West to East direction, the 2nd respondent suddenly turned the said omni van on seeing the lorry coming in the opposite direction and due to which the omni van got capsized and thus the accident occurred. In the accident, the 1st respondent sustained grievous injuries all over the body. Therefore, the 1st respondent has filed the above claim petition claiming compensation against the 2nd respondent and the appellant.