ORIENTAL INSURANCE COMPANY LTD Vs. MOTTAIAMMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal, preferred by the third respondent Insurance-Company before the Tribunal, arises out of the judgment dated 21st July, 1997, passed by the Motor Accident Claims Tribunal (Sub-Court), Udumalaipettai in M. C. O. P. No. 207 of 1990.

(2.) ACCORDING to the claimant before the tribunal, on 14th April, 1990, she along with her son and others, was proceeding to kaaliammal temple in the vehicle bearing registration No. TN-41-1117 and while so, near Devipattinam, the first respondent driver, drove the vehicle belonging lo the second respondent in a rash and negligent manner, thereby causing accident on account of which, she and others travelling in the vehicle got injured. It was her case that she was a coolie earning Rs. 350/- per month and she was liable to be paid a compensation of Rs. 50,000/- under various heads. On her side, she herself was examined as P. W. 1 and five exhibits were marked as documentary evidence.

(3.) THE first respondent-driver remained ex parte before the Tribunal and the second respondent-owner of the vehicle contested the claim saying that the accident was not caused because of his driver and it occurred only because of the carelessness of the injured claimant. He further contested the claim of the injured claimant with regard to her income and medical treatment taken by her. The third respondent-Insurance Company, by filing its counter, contended that the vehicle involved in the accident was only a goods vehicle and not a passenger vehicle and as such it was not liable to compensate the injured claimant. It also disputed on the aspects of age and income of the injured claimant and with regard to nature of injuries sustained by her. On the side of the respondents, two witnesses were examined and five exhibits were marked.