UNITED INDIA INSURANCE COMPANY LIMITED Vs. V.SUBBULAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the award dated 06.12.2018 made in M.C.O.P.No.286 of 2017 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Erode.

(2.) The appellant is the 3rd respondent in M.C.O.P.No.286 of 2017 on the file of the Motor Accidents Claims Tribunal, Special Sub Court, Erode. The 1 st respondent filed the said claim petition, claiming a sum of Rs.6,00,000/- as compensation for the injuries sustained by her in the accident that took place on 07.11.2016.

(3.) According to 1 st respondent, on 07.11.2016 at about 07.00 P.M., while she was walking from West to East direction on the extreme left side of the Coimbatore to Varatharajalu Nagar road near Door No.20/24, the driver of the car bearing Registration No.TN 38 CB 5922, who came from the opposite direction, passed over the 1 st respondent and suddenly came in a reverse direction in a rash and negligent manner without adhering the traffic rules and regulations by not blowing horn, dashed against the 1 st respondent and caused the accident. In the accident, the 1 st respondent fell down on the road and sustained bone fracture and grievous injuries all over the body. Immediately after the accident, the 1 st respondent was taken to Ganga Medical Centre and Hospital, Coimbatore, where she has taken treatment as inpatient from 07.11.2016 to 15.11.2016. Therefore, the 1 st respondent filed the said claim petition claiming a sum of Rs.6,00,000/- as compensation for the injuries sustained by her against the respondents 2, 3 and appellantInsurance Company, being the driver, owner and insurer of the car respectively.