UNITED INDIA INSURANCE CO. LTD. Vs. S. HARINI

JUDGEMENT

(1.) APPEAL filed under Section 173 of Motor Vehicles Act, 1988 and Cross -Objection filed under Order 41, Rule 22 of the Civil Procedure Code against the judgment and decree dated 29.4.2010 made in M.C.O.P. No.1525 of 2006 on the file of Motor Accidents Claims Tribunal (II Judge, Court of Small Causes), Chennai.

(2.) THE Insurance Company is the Appellant. The 1st Respondent had filed a Claim Petition claiming compensation for the injuries caused to her in a road accident on 3.2.2006. According to the 1st Respondent, on 3.2.2006 around 7.45 a.m., she was proceeding from Ashok Nagar to Nungambakkam in her scooter bearing Registration No.TN -09 -AP -0981. At Duraisamy Subway in T.Nagar, a Motorcycle bearing Registration No.TN -02 -P -2571 owned by the 2nd Respondent and insured with the Appellant, came from the opposite direction in a rash and negligent manner and dashed against the Claimant. She sustained multiple fractures which caused disability of 60% + 25% = 85%. A sum of Rs.20,00,000/ - was claimed. On enquiry, the Motor Accident Tribunal, Chennai found that the rider of the Motorcycle, the 2nd Respondent to whom the Motorcycle belonged was at fault and fixed the statutory liability on the Appellant.

(3.) AGGRIEVED by which, the Insurance Company has preferred the present Appeal and not satisfied with the amount, the Claimant has filed the Cross -Objection.