THE BRANCH MANAGER Vs. R.INDIRANI

JUDGEMENT

(1.) CMA (MD)No.559 of 2018 has been filed by the Appellant Insurance Company challenging the award passed in MCOP No. 1158 of 2012, dated 26.10.2017 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Madurai, whereas Cross Objection(MD)No.5 of 2019 has been preferred by the claimant for enhancement of the compensation.

(2.) The short facts of the case is that on 15.10.2010 at about 5.30 pm, the claimant, while travelling as a pillion rider in the Motor Cycle Hero Honda Splender Pus TN-59-AH-8410 in Madurai to Alanganallur road, near Shanthi Nagar, Sri Aurobindo Metric Her. Secondary School Van TN-58-W-5907 came in a rash and negligent manner and dashed against the back side of the motor cycle. Due to the impact, the claimant had sustained grievous injuries all over the body and immediately, she was taken to Madurai Government Rajaji Hospital, where she took treatment as inpatient from 15.10.2010 to 03.12.2010. A claim petition was filed by the claimant seeking compensation of Rs. 15,00,000/- for the injuries sustained by her in the alleged accident.

(3.) In the counter filed by the Appellant Insurance Company, they disputed the manner of accident and their liability to pay compensation.