ORIENTAL INSURANCE COMPANY LTD Vs. R DEVIKA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the 2nd respondent before the Tribunal/Insurance Company, challenging the judgment and decree dated 30.06.2017 made in M.C.O.P.No.3555 of 2010 on the file of Motor Accident Claims Tribunal, III Court of Small Causes, Chennai. With the consent of learned counsel appearing for both sides, the main appeal itself is taken up for final disposal at the stage of admission.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that on 01.02.2010, at about 11.30 p.m., when the petitioner was travelling in the 1st respondent bus bearing Reg.No.PY01-AK-9199, from Kodaikanal to Chennai, near Allampatti Pudhur, as the bus was going in high speed, driven in a rash and negligent manner, dashed against the lorry bearing Reg.No.TAR-2521 and the accident occurred only due to negligence of the 1st respondent bus driver. In the accident, the petitioner suffered bone fracture in her right leg. At the time of the accident, the petitioner was a house wife and her monthly income was Rs.15,000/- and she was aged 45 years. Due to the injury suffered by her, she could not attend to her work as she used to. Hence, the petitioner claimed a sum of Rs.5,20,000/- which is restricted to Rs.4,00,000/- as compensation for the injuries sustained in the road accident.

(3.) On the other hand, opposing the petition, by filing counter, the 2nd respondent-Insurance Company contended that the genuineness and the manner of the accident is to be proved by the Petitioner. The complaint regarding the accident was lodged by the driver of the vehicle TAR-2521 to escape liability on their side. The Petitioner has to explain the nature of injuries suffered by her and also her avocation and income. Thus, the 2nd respondent seeks dismissal of the Petition.