DIVISIONAL MANAGER Vs. PALANIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Award and Decree, dated 24.04.2012 made in MCOP.No.366 of 2008 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge), Thanjavur.

(2.) The 1st respondent here is the claimant in MCOP 366 of 2008, on the file of the Motor Accidents Claims Tribunal, Additional Subordinate Judge, Thanjavur, claiming Rs.42,00,000/-, as compensation, towards the injuries caused to her in the accident happened on 11.02008, at about 10.00 a.m., while she was sitting in the Tractor bearing Registration No.TN-49-Q- 7112, which was driven in rash and negligent manner by its driver. The 2nd respondent herein is the owner of the said Tractor, who was set ex-parte before the Tribunal. The appellant herein is the Insurer of the said Tractor of 2nd respondent herein. The petition was filed under Section 166 of the Motor Vehicles Act.

(3.) In order to prove the claim, P.Ws.1 & 2 were examined and Exs.A1 to A10 were marked, on the side of the claimant / injured. R.Ws.1 & 2 were examined and Exs.D1 and D2 were marked on the side of the Insurer / Insurance Company.