RUBILAMARY Vs. FAIZAL HUSSAIN

JUDGEMENT

(1.) The Appellant/petitioner has filed this appeal against the award dated 09.01.2018 made in M.A.C.T.O.P.No.75 of 2013 on the file of the Motor Accident Claims Tribunal, District Judge at Karaikal. With consent of both parties, the matter is disposed of at the time of admission stage itself.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioner is that on 27.10.2012 at 18.00 hours, while the petitioner along with her daughter and husband were proceeding in a two wheeler bearing Registration No.PY-02-J-7002 at Bharathiar main road, Karaikal near Lemaire Street junction, the 1st respondent vehicle bearing Registration No.PY-02-K-2729 came at high speed driven in a rash and negligent manner, dashed against the two wheeler, in which the petitioner was travelling and consequently she was thrown out of the vehicle and suffered fracture in her mid Phalanx, fourth toe and injuries on her right leg and left knee and injuries all over her body. The accident occurred due to negligence of the 1st respondent vehicle driver only. The petitioner was aged 26 years and by working as a coolie was earning Rs.6,000/- per month. Due to fracture suffered in her leg, she is unable to work resulting in loss of income to her. Thus, the petitioner sought for Rs.5,00,000/- as compensation from the respondents, who are the owner and insurer of the vehicle.