P PRIYANKA Vs. PITCHAIKANI

JUDGEMENT

(1.) The claimant has filed the claim petition against the respondents herein stating that on 20.06.2003, at about 4.30 p.m., when she was standing on the Old Mahabalipuram Road, the Auto bearing Registration No. TN-07-Q-1435, driven by its driver in a reckless manner had dashed against her. As a result, she had sustained injuries. Hence, the claim has been filed by the father of the minor claimant. The National Insurance Company Limited has filed counter statement and refuted the claim petition. The respondent denied the averments in the claim regarding manner of accident, age, educational status, disability, medical expenses. The respondent further stated that the driver of the Auto had not committed the said accident and he was not possessing valid driving licence. Further, the complaint had been lodged after a delay of 40 days. As such, the claim is not genuine.

(2.) On verifying the averments of both sides, the Tribunal had framed two issues namely: (1) Due to whose negligence was the accident caused? and (2) Whether the claimant is entitled to receive compensation? If so, what is the quantum?

(3.) On the side of the minor claimant, her father and two Doctors were examined and 11 documents were marked as Exhibits P1 to P11 namely Ex.P1-Auto Card of 1st respondent; Ex.P2-Complaint copy; Ex.P3-F.I.R.; Ex.P4-Discharge Summary; Ex.P5-C.T. Scan report; Ex.P6-Prescriptions; Ex.P7-Medical bills for Rs. 3,785/-; Ex.P8-Photo with C.D.; Ex.P9-Disability certificate; Ex.P10-X-ray; and Ex.P11-Disability Certificate. On the respondents' side, no documents, no oral evidence. PW1, the father of the injured had adduced evidence that on 20.06.2003, at about 4.30 p.m., when his daughter was proceeding on the Old Mahabalipuram Road, the Auto bearing Registration No. TN-07-Q-1435, driven by its driver in a negligent manner had dashed against her. Immediately, she was taken to Indhira Nagar Hospital. PW1 further stated that his daughter was aged about 8 years and she is studying at Adarsh Higher Secondary School in 2nd Standard. PW1 further stated that his daughter had sustained multiple head injuries and her skull was fractured and her facial bones were also fractured. She underwent treatment for a period of 7 days as inpatient. Her right eye-lid had been injured and as such her vision has been impaired. Hence, the Doctor, who is the Ophthalmologist had given disability certificate.