SELLAM Vs. RAMAMURTY

JUDGEMENT

(1.) The above appeal is at the instance of the claimant in MCOP.No.670 of 2016 seeking enhancement. The appellant who suffered injuries in the motor accident that took place on 05.06.2016 had moved the Motor Accident Claims Tribunal, Perambalur seeking a compensation of Rs.50,00,000/- for the injuries suffered by her.

(2.) According to the claimant/ appellant when she was waiting for the bus near Alathur Gate bus stop on the Trichy to Chennai NH-45, the car belonging to the 1st respondent coming from North to South driven in a rash and negligent manner dashed against the petitioner, due to the impact, the petitioner sustained severe injuries in her vertebrae, head and hip bone. There were also fractures in both her hands and legs. She was rushed to the Government Hospital, Perambalur and thereafter taken for better treatment to KMC Hospital, Trichy. She was treated as an inpatient from 05.06.2016 and nearly 12 surgeries were performed on her. Claiming that she was working as a coolie and earning a sum of Rs.10,000/- per month, she sought for a compensation as aforesaid. A sum of Rs.20,00,000/- was claimed as medical expenses.

(3.) The claim petition was resisted by the Insurance Company viz., 2nd respondent denying the claim of the appellant that the accident occurred due to the rash and negligent driving of the car. According to the Insurance Company, the appellant and her daughter were standing near the divider on the National Highways and talking to each other, suddenly the claimant/ appellant jumped on the road and ran towards East for crossing the road. Despite bonafide attempts by the driver to avoid the accident he could not succeed because of the sudden act of the appellant in crossing the road without any precaution. The Insurance Company also denied the age, monthly income as well as avocation of the claimant/ appellant.