K. SUBARAKSHITHA Vs. EMPEE DISTILLORS LTD

JUDGEMENT

(1.) This instant Appeal is preferred against the Award passed by the Motor Accident Claims Tribunal (hereinafter, referred to as the 'Tribunal') in M.C.O.P. No.291 of 2014, dtd. 18/4/2023.

(2.) On 23/5/2013, at about 01.00 hours, when the Appellant/Claimant was standing at the Bus Stop at Egmore, Government Maternity Hospital, a Car bearing Reg. No.TN-01-X-5959, belonging to the First Respondent, driven by its Driver came in a rash and negligent manner from South to North direction on Panthian Road, and dashed against (i) a Police Car, (ii) the Appellant/Claimant and another three child; (iii) one Motor Cycle, and (iv) Autorikshaw and in the said accident, the Appellant/Claimant, who was a minor aged about 10 years, sustained grievous injured. Hence, the minor represented by her mother, K. Manjula filed a Claim Petition seeking a sum of Rs.17,00,000.00 as Compensation.

(3.) The Tribunal, on consideration of both Oral and Documentary evidence held that the accident occurred due to rash and negligent driving of the Car, bearing Regn. No.TN-01-X-5959, belonging to the First Respondent and hence, directed the insurer to pay a Compensation of Rs.3,70,200.00 to the Claimant together with Interest at the rate of 7.5% p.a. from the date of filing of the Petition and till the date of deposit and to recover the same from the Owner of the offending vehicle. The break up details of the Award passed by the Tribunal under various heads are as follows: