RELIANCE GENERAL INSURANCE COMPANY LTD Vs. V.NITHYA

JUDGEMENT

(1.) Both these appeals arise out of MCOP.No.6351 of 2015. The claim petition was lodged by the injured in a motor accident that occurred on 13/7/2015.

(2.) According to the claimant, while she was standing on the extreme left side of the GST road at about 5.30 hours, a Car bearing registration No.TN-31-E-4353 was waiting behind a Bus bearing registration No.TN-01- N-5801. A Eicher Van bearing registration No.TN-69-AM-8263 driven by its driver in a rash and negligent manner dashed against the Car from behind. As a result of the impact, the Car hit the claimant resulting in grevious injuries. As a result of the injuries the left leg of the claimant was amputated above the knee and the right femur bone as well as the patella were fractured. The claimant, who was working as Housekeeper in a Company became almost immobile. Claiming that the disability caused has resulted in total loss of earning capacity, the claimant sought for a compensation of Rs.50,00,000.00. The quantum was sought to be supported by contending that she was earning Rs.9,000.00 per month.

(3.) The claim was resisted by the Insurance Company contending that the accident did not occurred in the manner suggested by the claimant and that the claimant had also contributed to the accident. It is the further contention of the Insurance Company that the quantum claimed is excessive.