S.SHOBANA Vs. N.MAHESWARI

JUDGEMENT

(1.) THE appellant/petitioner has preferred the present appeal in C.M.A.(MD)No.1636 of 2007, against the judgment and decree passed in M.A.C.O.P.No.1344 of 2002, on the file the Motor Accident Claims Tribunal, IV Additional Subordinate Court, Madurai.

(2.) THE short facts of the case are as follows:- The petitioner has filed a claim petition in M.C.O.P.No.1344 of 2002, claiming compensation of Rs.10,00,000.00 from the respondents, for the injuries sustained by her in a Motor Vehicle Accident. It was submitted that on 05.11.2001, at about 08.00 a.m., when the petitioner was travelling in her cycle to school, east towards north, on the left side of the road near Anna Bus Stand, Roundana, on the Goripalayam Main Road, the 1st respondents bus bearing registration No.TN-59B-4712, coming on the same road from behind and driven by its driver at a high speed and in a rash and negligent manner dashed behind the cycle. In the impact, the petitioner was thrown out of her bicycle and sustained grievous injuries all over her body. She was immediately admitted in the Madurai Government Hospital, wherein first aid was given to her. Subsequently, she was taken to A.V.S.S.Hospital, Madurai, wherein she received treatment, as an inpatient, till 20.03.2002. The petitioner was studying in the 12th standard and stood first in her class and was aged 16 years at the time of accident. Due to the injuries sustained by her, her nervous system has been affected. Hence, the petitioner has filed a claim against the 1st and 2nd respondents, who are the owner and insurer of the said bus involved in the accident.

(3.) THE Motor accident claims tribunal had framed four issues for determination in this case viz., (1) Due to whose negligence was the accident caused? (2) Who is liable to pay the compensation to the petitioner?; (3) What is the quantum of compensation which the petitioner is entitled to get?; (4) To what other relief is the petitioner entitled to get?