SATHIYAKALA Vs. C.KULANDAISAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/claimant against the order and decree made in M.C.O.P.No.85 of 2010, dated 29.01.2013, on the file of the Motor Accident Claims Tribunal/Additional District Court, Virudhunagar, seeking enhancement of compensation.

(2.) The brief facts of the case is as follows: It is a case of injury. On 14.04.2009 at about 07.30 a.m, at Kalurichi to Virudhunagar main road, while the injured claimant was travelling in a bus bearing Registration No.TN-40-7272 owned by the first respondent, which was insured with the second respondent, the bus was driven by its driver in a rash and negligent manner and it fell down in the urani.

(3.) The Tribunal, after considering the pleadings, oral and documentary evidence and arguments of the counsel appearing on either side and also appreciating the evidence on record, held that the accident occurred only, due to the rash and negligent driving of the driver of the offending vehicle and directed the second respondent Insurance Company to pay a sum of Rs.80,000/- as compensation to the injured claimant.