BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. Vs. MINOR NIRANJANA MINOR REP. BY HER FATHER AND GUARDIAN MAHENDRAN) AND OTHERS

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 28.04.2006 made in MCOP.No.178 of 2005 on the file of the Motor Accident Claims Tribunal/(Chief Judicial Magistrate No.I,) Krishnagiri, the present appeal has been filed by the 2nd respondent Insurance Company to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioner is that on 13.06.2002 at about 16.00 hours, while the minor petitioner was walking on the extreme left side mud portion of the Bangalore Road, near Indian Bank, Krishnagiri Town, the first respondent two wheeler bearing Registration No.TN-29-P-0568 came at high speed, dashed against the minor petitioner and as she fell down sustained abrasion in the right elbow, swelling and contusion over the right clavicle near the shoulder and abrasion over the left elbow. The accident occurred only due to the negligence of the first respondent owner cum rider of the two wheeler. The said vehicle was insured with the 2nd respondent. For the injuries suffered, the minor petitioner underwent treatment for a long period. Thus, the petitioner sought for a sum of Rs. 3,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.