NATIONAL INSURANCE COMPANY LIMITED Vs. SEETHA MINOR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited against the Judgement and Decree dated 20.1.2007 made in MCOP.No.115/2004 by the learned Additional Special Judge (MACT) Krishnagiri.

(2.) The facts in a nutshell are that on 13.4.2003 at 2.00 p.m when the minor claimant was standing on the left side of the road in Balaguri, Krishnagiri Taluk, the mini door van bearing Reg.No.TN-33-P-0733 owned by the 2nd Respondent and insured with the Appellant Insurance Company driven by its driver in a rash and negligent manner, dashed against the minor claimant, causing serious injuries to her.

(3.) The Tribunal by the impugned judgement and award found that the accident was caused by the rash and negligent driving of the driver of the offending van. The Tribunal also found that the minor claimant sustained 35 per cent permanent disability in the right thigh and consequently, the Tribunal granted a total compensation of Rs.2,38,000/- with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization.