DIVYA (MINOR) Vs. L NARENDRAN

JUDGEMENT

(1.) The injured minor claimant whose claim petition was dismissed by the Tribunal is the Appellant. According to the claimant, on 08.08.1998 when she was travelling as a passenger in the Auto-Rickshaw bearing registration No.TN.-29-0958 at E.V.R.Salai, near Vaishnav College, from West to East, a Car bearing registration No.TMQ-2266 driven rashly and negligently by its driver came on the extreme wrong side of the road and dashed against the Auto-Rickshaw causing grievous injuries to the appellant. As a result of the accident, the appellant had suffered permanent disability and she is unable to lead a normal life. Claiming that she should be compensated for the injuries suffered by her, the appellant sought for a compensation of Rs.30,00,000/-.

(2.) The said claim was resisted by the 1st respondent contending that he had sold the vehicle to one Ram Prakash as early as on 21.05.1998, he has also delivered the possession of the Car. Since, he was not the owner of the car on the date of accident, neither him nor the Insurance Company are liable to pay compensation according to him.

(3.) The Insurance Company filed a Counter contending that the accident occurred due to rash and negligent driving of the auto-rickshaw by its driver and the driver of the car was not responsible for the accident. The allegations relating to injuries as well as disability suffered by the appellant were denied by the Insurance Company.