UNITED INDIA INSURANCE CO LTD Vs. PALANIAMMAL

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 26.07.2016 made in MCOP.No.59 of 2014 on the file of the Motor Accident Claims Tribunal/(Special Sub Judge),Salem, 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 04.11.2013, while the petitioner was standing near Dalmia Board Bus stop in Salem - Dharmapuri National High Way, at about 18.00 hours, the first respondent car bearing Registration No.KA-04-Z-2398 came in the reverse direction in a rash and negligent manner dashed against the petitioner causing her fracture in left leg, pelvic, left hand, left chest rib 5 to 7 and multiple injuries all over the body. After the accident, the petitioner was given first aid in Government Hospital Salem and thereafter admitted in Kurunchi Hospital, Salem. The accident occurred due to the negligence of the first respondent driver only. The petitioner was aged 35 years and working as an agricultural coolie was earning a sum of Rs. 10,000/- per month. Due to the injuries suffered, the petitioner finds difficulty even to walk without help of other persons. Due to the chest injury, she finds it difficult to for breath normally. Thus, the petitioner sought for a sum of Rs. 15,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.