DIVISIONAL MANAGER Vs. MEHERUNNISA

JUDGEMENT

(1.) CHALLENGE in Civil Miscellaneous Appeal is against the award dated 08.10.2001 in MACTOP No.396 of 2000 passed by the Motor Accidents Claims Tribunal, viz., Additional Sub Judge, Cuddalore granting a total compensation of Rs.3,04,345/- along with interest at 9% per annum from the date of filing of the petition till date of payment.

(2.) THE respondent/claimant has filed the claim petition claiming a total compensation of Rs.7,00,000/- for the multiple injuries sustained resulting in permanent disability, pain and suffering etc.

(3.) THE appellant/second respondent filed a counter inter alia stating that the accident was due to either rash or negligent driving of the vehicle bearing Registration No.TN-22-J-1137 driven by the driver of the first respondent and since the accident happened solely due to the rash and negligent act of the respondent/claimant, due to sudden crossing of the road, the appellant is not liable to pay any compensation.