BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. CHENNAMMAL

JUDGEMENT

(1.) The insurance company, which figured as the second respondent before the Motor Accident Claims (Principal District Judge), Dharmapuri in MACTOP No.697/2008 is the appellant in the present civil miscellaneous appeal. The claimant in the said MACTOP is the first respondent in the civil miscellaneous appeal. The owner of the alleged offending vehicle, who figured as the first respondent in the MACTOP, is the second respondent in the civil miscellaneous appeal.

(2.) The first respondent herein claiming to be the mother of one Saroja (deceased) made a claim before the Motor Accident Claims Tribunal (Principal District Judge), Dharmapuri in MACTOP No.697/2008 claiming a sum of Rs.5,00,000/- as compensation under Section 166 of the Motor Vehicles Act, 1988 for the death of the said Saroja, who is said to have died on 15.10.2004 due to the injuries allegedly sustained by her in a motor accident that allegedly took place on 13.2.2004 at about 14.30 hours near Zuzuwadi Express Petrol bunk on the Hosur - Bangalore sector of NH-7. Such claim was made against the second respondent herein and the appellant herein as the owner and insurer of the offending vehicle, which caused the accident. It was contended by the first respondent herein/claimant in her claim petition that her daughter Saroja was hit by a tempo bearing Regn. No.KA-05 A-4744, while she was walking along the above said road keeping extreme left side of the road; that the accident took place, as the said vehicle was driven by its driver in a rash and negligent manner; that the deceased Saroja, who sustained injuries on vital organs in the said accident was at first taken to the Government Hospital at Hosur, where she was given first aid treatment; that thereafter she was taken to Bangalore and was admitted as an in- patient at Victoria Hospital, Bangalore; that the said Victoria Hospital, Bangalore subsequently referred her to the Government Headquarters Hospital, Dharmapuri for further treatment; that thus she was treated as an in-patient at Government Headquarters Hospital, Dharmapuri from 14.2.2004 to 15.3.2004; that thereafter Saroja was given treatment at private nursing homes at Palacode and Dharmapuri and that since the wounds were not healed despite such treatment received at the private nursing homes, she was again admitted in the Government Headquarters Hospital, Dharmapuri on 11.10.2004 as an in-patient and that while she was thus treated as an in-patient in the Government Headquarters Hosptial, Dharmapuri, she died at about 6.00 hours on 15.10.2004.

(3.) It was the further contention of the first respondent herein/claimant in the MACTOP that the deceased Saroja was aged about 35 years at the time of her death and she was doing the business of collecting flowers in and around her village and supplying the same to the wholesale vendors at Bangalore Flower Market and that from the said business Saraoja was deriving a monthly income of more than Rs.6,000/-. Based on the above said contentions and claiming that the first respondent herein/claimant in the MACTOP incurred loss of monetary benefits from the income of the deceased Saroja, she had prayed for passing of an award directing the second respondent and the appellant herein, being the owner and insurer respectively of the above said offending vehicle, to jointly and severally pay a sum of Rs.5,00,000/- as compensation together with interest thereon from the date of claim petition till the date of payment. It had also been stated in the MACTOP that though the loss suffered by the first respondent herein/claimant in the MACTOP due to the death of her daughter Saroja was estimated by her at Rs.28,30,000/-, she had restricted her claim to Rs.5,00,000/-.