ORIENTAL INSURANCE COMPANY LIMITED Vs. SANGEETHA

JUDGEMENT

(1.) THE respondent herein/claimant has filed M.C.O.P.No.137 of 2004, on the file of the Motor Accident Claims Tribunal, Additional District Judge, Fast Track Court No.I, Thoothukudi, against the appellant herein and four others stating that on 19.05.2003, at about 00.45 hours, when she was travelling in the 1st respondent's Tata Sumo Car, bearing registration No.TN- 04M-4595, on the Ettaiyapuram Main Road, the 4th respondent's van bearing registration No.TN-67Y-6377, coming in the opposite direction and driven in a rash and negligent manner dashed against the Tata Sumo Car and caused the accident. As a result, she had sustained injuries. Hence, she has filed the claim against the insurers and owner of the vehicles, claiming compensation of a sum of Rs.25,000/- with interest from the respondents.

(2.) THE 5th respondent/Oriental Insurance Company has filed counter statement and opposed the claim petition. The respondent stated that the F.I.R has been registered against the driver of the 1st respondent. This respondent and the 4th respondent are formal parties. The averments in the claim regarding nature of injuries and occupation of the claimant was not admitted.

(3.) ON considering the averments of all parties, the Tribunal had framed four issues: