NEW INDIA ASSURANCE COMPANY LIMITED Vs. MINOR SANTHANAKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Judgment and Decree, dated 06.04.2006 made in MCOP.No.339 of 2002 on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.IV), Periyakulam.

(2.) The appellant / Insurance Company is the second respondent in MCOP.No.339 of 2002, on the file of the Motor Accidents Claims Tribunal (Fast Track Court No.IV), Periyakulam. The first respondent is the claimant. The second respondent is the owner of the vehicle. The first respondent minor was 10 years at the time of accident and hence, he filed claim petition through his mother against the appellant and second respondent claiming a sum of Rs. 1,50,000/- as compensation, for the injuries sustained by him in the accident that occurred on 28.07.2000, while he went out from school for attending the call of nature, a lorry belonging to the second respondent driven by its driver in a rash and negligent manner and dashed against the first respondent. Due to which, he sustained multiple injuries. He was admitted in the Government Hospital, Uthamaplayam and thereafter, he took treatment at Government Rajaji Hospital, Madurai and he was treated as in- patient for a period of two months. The accident occurred only due to rash and negligent driving by driver of the Lorry belonging to the second respondent insured with the appellant.

(3.) The second respondent remained ex parte before the Tribunal.