RELIANCE GENERAL INSURANCE COMPANY LIMITED Vs. MADHUPILLAI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the judgment and decree dtd. 29/10/2021 made in M.C.O.P.No.212 of 2015 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Salem.

(2.) The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.212 of 2015 on the file of Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Salem. The 1st respondent representing through her husband Nallathambi, as next friend and guardian, filed the said claim petition claiming a sum of Rs.40,00,000.00 as compensation for the injuries sustained by her in the accident that took place on 29/11/2014.

(3.) According to the 1st respondent, on the date of accident i.e., on 29/11/2014 at about 2.30 hours, she was travelling in a Mahindra Bolero pick up vehicle bearing Registration No.TN 52 U 1689 on Salem to Coimbatore Main Road, near Sri Plus Mahal, Perundurai. At that time, the driver of the above said vehicle drove the same in a rash and negligent manner, hit behind the lorry bearing Registration No.TN 88 9657, which was going in front of Mahindra Bolero pick up vehicle and caused the accident. In the accident, the 1st respondent sustained grievous injuries all over the body. Therefore, the 1st respondent has filed the above claim petition claiming compensation against the 2nd respondent and appellant, owner and insurer of the Mahindra Bolero pick up vehicle and the respondents 3 and 4, who are owner and insurer of the lorry.