UNITED INDIA INSURANCE COMPANY LTD Vs. PUSHPANMANI

JUDGEMENT

(1.) This civil miscellaneous appeal arises out of the Fair and Decreetal order dated 11.06.2003 made in COP.No.471 of 1999 on the file of the Motor Accident Claims Tribunal/Principal Additional Sub Court, Erode.

(2.) For sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 30.12.1998, while the deceased first petitioner was standing near the Erode Telephone Nagar Extension, at about 2.30 p.m., the first respondent owned the motor cycle bearing Registration No.TDL 7045, came at high speed, from north to south, driven in a rash and negligent manner and dashed against the petitioner causing grievous injuries all over her body. The first petitioner suffered fracture on his right upper arm and suffered simple injuries all over the body. The accident took place only due to the negligence of the fourth respondent herein. At the time of accident, the deceased first petitioner was aged about 65 years and she was earning a sum of Rs.3,000/- per month by carrying on petti shop business. Due to the grievous injuries suffered by her, she is unable to attend to her her personal needs and she is in need of helper even to wear saree. Thus, the petitioner seeks a sum of Rs.1,50,000/- as compensation from the respondents, who are the owner and insurer of the offending vehicle.