KALAISELVI Vs. MANOKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Claimant for enhancement of Compensation fixed by the Motor Accident Claims Tribunal, Subordinate Judge, Paramathi, in MCOP No.189 of 2019 dtd. 20/4/2022.

(2.) The Claimant, who was aged about 49 years was traveling as a Pillion Rider along with her husband and at that point of time, a dog all of a sudden crossed the road and as a result, the Rider of the vehicle lost his balance and fell down. The Appellant sustained grievous injuries as a result of this accident. She was admitted to the Hospital and she underwent treatment as an Inpatient for nearly 100 days. She also incurred huge expenses towards the Medical expenditure. It is under these circumstances, the Claim Petition was filed before the Tribunal.

(3.) The Tribunal came to a conclusion that the accident had taken place only due to the Rider of the Bike losing balance due to dog suddenly crossing the road. The Tribunal on considering the facts and circumstances of the case and on appreciation of evidence fixed the Compensation in the following manner: <IMG>JUDGEMENT_97_LAWS(MAD)4_2024_1.jpg</IMG>