RAMAYEE Vs. SAMPATH

JUDGEMENT

(1.) The appellant/claimant has filed this appeal against the judgment and decree dated 30.04.2010 made in M.C.O.P.No.947 of 2005 on the file of Motor Accident Claims Tribunal, II Additional Subordinate Judge at Salem.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury. The case of the petitioner is that on 19.03.2005 at about 6.00 am., when he was standing near Poimankaradu in Salem-Namakkal main road, a tempo van bearing Reg.No.TN 28 B 7792 owned by the 1st respondent and insured with the 2nd respondent came at high speed and dashed against the petitioner, resulting in grievous injuries to her. Immediately the petitioner was taken to private hospital and thereafter, she underwent treatment at Government Hospital on 24.03.2005 as an outpatient. Thereafter, she was admitted in Government Hospital on 27.03.2005 and was discharged on 03.04.2005. However, the petitioner continues to have pain on her left shoulder for which she was examined in a private hospital on 05.04.2005 and as the petitioner is not able to do any work due to the injury suffered by her, she filed claim petition in M.C.O.P.No.947/2005, seeking compensation of Rs.5,00,000/- from the respondents.

(3.) On the other hand, opposing the petition, the 2nd respondent contends that the accident did not occur as alleged by the petitioner and the claim of the petitioner is too excessive. Further the 2nd respondent disputed the fact of the offending vehicle being insured with them and thus pleaded for rejection of the petition.