NATIONAL INSURANCE COMPANY LIMITED Vs. BINDUKUMARI @ BINDHU

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed against the Award dated 31.12.2008, made in M.C.O.P.No.13 of 2006, on the file of the Motor Accidents Claims Tribunal / Subordinate Judge, Padmanabapuram.

(2.) The appellant / Insurance Company is the third respondent in M.C.O.P.No.13 of 2006, on the file of the Motor Accidents Claims Tribunal / Subordinate Judge, Padmanabapuram. The first respondent, who is the claimant, has filed the said claim petition claiming a sum of Rs. 1,25,000/- as compensation for the injuries sustained by her in the accident, that occurred on 19.12004.

(3.) According to the first respondent, while she was travelling in Auto bearing Regn.No.TN 74 E - 6183 from Kattathurai to Pilavilai, the second respondent drove the Auto in a rash and negligent manner and dashed at the Electric Post and due to which, she sustained multiple grievous injuries. Thereafter, she was admitted in the Medical College Hospital, Thiruvanandhapuram for taking treatment and she was treated as in-patient for a period of 8 days and thereafter, she took treatment at Ramakrishna Hospital, Maryhandam for a period of one month as out-patient. Hence, she has filed the claim petition against the appellant / Insurance Company and the respondents 2 and