NATIONAL INSURANCE CO LTD CHENNAI Vs. MRS ARIVUKANNU

JUDGEMENT

(1.) The insurance company has come forward with this appeal questioning the correctness of the compensation of Rs. 52,000/- awarded in favour of the claimant/first Respondent herein for the injuries sustained by her in an alleged road accident that took place on 06.02.2002.

(2.) The facts which gave rise to the claim petition was that on 06.02.2002, at about 11.00 am, when the claimant was walking on the left side of the Kancheepuram to Cheyyar Road, near Indhira Theater, the driver of the auto rickshaw bearing Registration No. TN-04-B-8456 drove the auto rickshaw in a rash and negligent manner and hit the claimant from behind. In the impact, the claimant sustained fracture of right humorous, right hand and other bodily injuries. She was immediately taken to Government Hospital, Kancheepuram where she was admitted as an in-patient from 06.02.2002 to 15.02.2002. Subsequently, she had also taken treatment at a private hospital. At the time of accident, the claimant was 38 years old, employed as silk weaver and earning Rs. 5,000/- per month. Therefore, for the injuries sustained by her, she filed the claim petition claiming compensation of Rs. 2,00,000/-.

(3.) Before the court below, the claimant examined herself as PW1 and Dr. A. Vaithialingam as PW2. Ex.P1 to P7 were marked on the side of the claimant. On behalf of the Respondents in the claim petition, no witnesses were examined and no documents marked. The court below, upon consideration of the oral and documentary evidence, awarded a sum of Rs. 52,000/- as compensation for the injuries sustained by the claimant.