ORIENTAL INSURANCE COMPANY LIMITED Vs. YAZHMOZHI

JUDGEMENT

(1.) C.M.A(MD)No.950 of 2018 is filed by the Insurance Company assailing the award dtd. 30/11/2017 passed in MCOP No.848 of 2010 by the Motor Accident Claims Tribunal-cum-V Additional District Judge, Madurai. The claimant in the said O.P, has come up with Cross Objection seeking enhancement of compensation. Since both the appeal and the cross objection arise out of the same award passed in MCOP No.848 of 2010 dtd. 30/11/2017, both are heard together and disposed of by this common Judgment. For the purpose of clarity, the parties are referred to as per their rank before the Tribunal.

(2.) The case of the claimant is that on 2/2/2008, the claimant had travelled in a private bus bearing Reg.No.TN-58-K-2868 from Madurai to Chennai to go to her College at Anna University, Chennai. At about 10.30 p.m when the bus reached near Vanchinagaram in Madurai, the driver of the bus drove the bus in a rash and negligent manner and in a high speed and suddenly turned the bus, due to which, the bus was capsized upside down on the right side of the road. In the impact, the claimant was injured all over the body and serious crush injury on the right hand below the wrist. Immediately, she was taken to Melur Government Hospital. After first aid, she was admitted in AVSS Hospital, Madurai for better treatment. Her right hand below the wrist was amputated. At the time of accident, the claimant was 18 years and she was studying B.E Computer Science in Anna University, Chennai. The accident had happened only due to the rash and negligent driving of the driver of the bus. The owner of the bus remained exparte before the Tribunal. The offending bus was insured with the appellant Insurance Company. Hence, the claimant claimed Rs.40,00,000.00 as compensation.

(3.) The Insurance Company filed their counter disputing the manner of the accident and its liability to pay the compensation. It was contended that when the bus was nearing Vanjinagaram in Madurai, an unknown vehicle, which was driven by its driver in a rash and negligent manner without observing traffic rules, came in the opposite direction. In order to avoid collision with that vehicle, the driver of the bus applied brake gently, however, the bus turned upside down on the road. Hence, the Insurance Company is not liable to pay compensation. It is stated that the claim is excessive.