BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. Vs. CHINNAMMAL

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 20.10.2011, made in MCOP.No.19 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Bhavani, in and by which, the Tribunal has awarded a sum of Rs.1,33,500/- as against the claim of Rs.4,00,000/- for the injuries sustained by the claimant/first respondent herein.

(2.) On 22.03.2008 at about 2.00 p.m., while the claimant was proceeding on Bhavani to Anthiyur main road on the extreme left side of the road, a TVS Champ bearing Registration No.TN-36-W-0262 driven by the second respondent herein in a rash and negligent manner, hit against the claimant, as a result, the claimant sustained grievous injuries. Immediately, she was taken to the Trust Hospital, Erode, where she took treatment for about one month as inpatient. The second respondent is the owner-cum-rider of the motorcycle which is insured with the appellant Insurance Company. The claimant filed the claim petition claiming a sum of Rs.4,00,000/- as compensation.

(3.) After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the rider of the said motorcycle and awarded a sum of Rs.1,33,500/- with interest at 7.5% per annum. Aggrieved by the same, the appellant-Insurance Company has filed the present appeal.