NEW INDIA ASSURANCE COMPANY LTD Vs. MEENAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order in M.C.O.P.No.2014 of 2008 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Madurai. The appellant herein is the second respondent, first respondent herein is the claimant, respondents 3 to 8 are the legal representatives of the deceased first respondent and second respondent herein is the first respondent in the claim petition.

(2.) Brief substance of the claim petition is as follows: On 5/7/2007, at about 2.30 pm., when the petitioner was travelling in a vehicle bearing registration number TN 45 F 5973 as a load woman, the driver of the vehicle drove the vehicle in a rash and negligent manner and the vehicle capsized. The petitioner sustained injuries. She was admitted in Madurai City Hospital and she took treatment as inpatient from 5/7/2007 till 19/7/2007. Then again she took treatment as inpatient from 16/8/2007 till 23/8/2007. The petitioner was working as a coolie and was earning Rs.3000.00 per month. Due to the accident, she sustained disability and could not do her work. She claimed a sum of Rs.4.00 Lakhs as compensation.

(3.) Brief substance of the counter filed by the second respondent in the claim petition, is as follows: The manner of accident is denied. The vehicle insured was a goods carrier. Carrying passengers is in violation of the Motor Vehicles Act. Since the policy conditions were violated, there is no necessity for the second respondent to pay compensation. The driver of the vehicle was not having valid driving licence. The age, income and profession of the petitioner are all denied. The petitioner has to prove the disability and the medical expenses. The claim is excessive.