S MALLIGA Vs. R SRIVIDHYA

JUDGEMENT

(1.) Brief facts of the case is as follows: On 24.5.2009 at about 6.45 p.m. when the petitioner was walking along the Rangapillai street, Puducherry from east to west direction near Vijaya Coffee Bar with due care and diligence, a Car bearing registration No.TN-09-AZ 0738 came from behind in a rash and negligent manner and hit against the petitioner, thereby caused accident, resulting in the petitioner sustained grievous injuries. According to the appellant, the first respondent being the owner and the second respondent being the insurer of the vehicle, both are jointly and severally liable to pay compensation to the petitioner.

(2.) The first respondent remained exparte. On the side of the claimants, P.W.1 and 2 were examined and Ex.P1 to 11 were marked. On the side of the respondent, no witness was examined or any documents marked.

(3.) Tribunal, based on the oral and documentary evidence adduced by the claimants, came to the conclusion that the claimant has proved the accident and the second respondent Insurance company is liable to pay the award amount of Rs.4,10,340/- as compensation to the claimants along with interest at the rate of 7.5% per annum from the date of claim petition till realization.