UNITED INDIA INSURANCE COMPANY LIMITED Vs. MINOR.MARIKANNU

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in C.M.A.(MD).No.467 of 2010, against the judgment and decree passed in M.C.O.P.No.232 of 2009, on the file of the Motor Accident Claims Tribunal, Fast Track Court, Pudukottai.

(2.) THE Minor petitioner represented by his father, has filed the claim in M.C.O.P.No.232 of 2009, claiming compensation of a sum of Rs.10,00,000/- from the respondents, for the injuries sustained by him in a motor vehicle accident. It was submitted that the petitioner was studying in the 6th standard at Mazhaiyur Government Higher Secondary School and that on 02.09.2004, at about 03.00 p.m., during the interval between school hours, when the petitioner was walking on the Pudukotai to Karambakudi main road, from west towards east in order to drink water at the shop opposite to the school, the 1st respondent's Hero Honda Motorcycle bearing registration No.TN-55J-8651, coming on the same road, from west towards east and ridden at high speed and in a rash and negligent manner by its rider, without sounding horn, dashed against the petitioner and caused the accident. As a result, the petitioner sustained fracture of his bone in his left hip and other bleeding injuries and seven stitches were put on the injured region to stop the said bleeding. A surgery was also conducted and steel plate was fixed in the operated area. He also sustained injuries on her right knee, left heel, left sole of leg, left wrist, left side of forehead and right eye, four of her teeth in her upper jaw was broken and she sustained lacerated injuries all over his body. He was admitted at the Alangudi Hospital, as an inpatient and was given first aid on 02.09.2004. Subsequently, she was referred to Pudukottai Government Head Quarters Hospital and received treatment as an inpatient from 02.09.2004 to 03.09.2004. Thereafter, she received treatment at Maruthi Hospital, Trichy from 03.09.2004 to 13.09.2004, as an inpatient. Rs.50,000/- was spent towards medical expenses. Hence, the petitioner has filed the claim against the 1st and 2nd respondents, who are the owner and insurer of the motorcycle bearing registration No.TN-55J-8651.

(3.) THE Motor Accident Claims Tribunal had framed two issues for consideration in the case namely: