PPARAMESWARI Vs. I.TAJBASHA

JUDGEMENT

(1.) This appeal is filed by the claimant for enhancement of compensation.

(2.) On 30.07.2012 at about 07.30 p.m., when the claimant was walking along the left extreme side of Dr.Natesan Salai, near Mosque, a two wheeler bearing Reg.No.TN06-E-9138 came from the opposite side rash and negligently and hit the claimant and caused grevious injury. She was admitted in a Private hospital for treatment and for her fracture injury in right tibla bone, she was operated on 31.07.2012 and rod was inserted. At the time of accident, the accident victim was working as a temporary Assistant Professor in Asan Memorial Institute of Management, Jaladampet, Chennai, drawing a sum of Rs.26,500/- per month. Claim petition for Rs.8,50,000/- was filed before the Claim Tribunal.

(3.) The 2nd respondent/Insurance Company filed counter stating that the claim petitioner suddenly crossed the road carelessly came in front of the motor cycle, which resulted in the alleged accident. The accident occurred solely due to the negligence on the part of the claimant and not because of the motorcycle rider. Further, the motorcycle rider had no valid driving license and the vehicle was not insured under them. Further, her income, age and other expenses supporting her claim petition are to be proved in the manner known to law. Hence, the Insurance Company is not liable to pay compensation to the victim.