NEW INDIA ASSURANCE COMPANY LIMITED Vs. AVUDAIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award, dated 11.11.2008 made in MCOP.No.16 of 2001, on the file of the Motor Accidents Claims Tribunal, Sub Court, Sivakasi.

(2.) The appellant / Insurance Company is the second respondent in MCOP.No.16 of 2001, on the file of the Motor Accidents Claims Tribunal, Sub Court, Sivakasi. The first respondent filed claim petition claiming a sum of Rs. 1,10,000/- as compensation, for the injuries sustained by him in the accident, that occurred on 09.10.2000. The second respondent is the owner of the Vehicle.

(3.) According to the first respondent, on 09.10.2000, while she was returning form the school, the driver of the second respondent's van bearing Regn.No.TN 67 X 3322, in which she was travelling, drove the van in a rash and negligent manner and dashed against the bus coming in the opposite direction. Due to the said impact, the first respondent sustained injuries. She was admitted in Government Hospital, Rajapalayam and was treated as in- patient from 09.10.2000 to 30.10.2000. The second respondent is the owner of the vehicle. The appellant is the insurer of the vehicle. Hence, both are liable to pay the compensation.