NATIONAL INSURANE CO LTD Vs. JAYANTHI

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellant-Insurance Company against the judgment and decree dated 28.02.2008, made in M.C.O.P. No.1022 of 2004, on the file of theSubordinate Judge, FTC No.IV,Coimbatore at Tiruppur.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.1022 of 2004, on the file of theSubordinate Judge, FTC No.IV,Coimbatore at Tiruppur. The 1 st respondent/claimant filed the said claim petition, claiming a sum of Rs.5,00,000/- as compensation for the injuries sustained by the claimant in the accident that took place on 04.04.2004.

(3.) According to the 1 st respondent/claimant, on the date of accident i.e on 04.04.2004 at about 14.45 hrs when the claimant was travelling as a pillion rider in a moped bearing registration No. TN39 W 0475 from south to north in the Kunnathur to Gobi main road, near Palanigounder Velan Thottam, a jeep bearing reg.No.MDE 4027 driven by its driver rashly and negligently and dashed against the petitioner, causing injuries to her. Hence, the 1 st respondent filed claim petition claiming compensation against the appellant and the 2 nd respondent as insurer and owner of the vehicle.