A RANI Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/claimant, challenging the judgment and decree dated 12.06.2002 made in M.C.O.P.No.2505 of 1999 on the file of Motor Accident Claims Tribunal, Fast Track Court-III, Chennai.

(2.) For the sake of convenience, the parties are referred to as per their litigative status before the Tribunal. The case of the Petitioner is that on 23.08.1998, at 15.45 hours, while the petitioner was standing in the Bus stand in G.N.T.Road, Moolakadai, a tempo van bearing Reg.No.TDD-410 came at high speed from North to South and the driver lost control of the vehicle, dashed against the Petitioner, who was standing in the Bus stop, causing her grievous injuries and all over the body. The accident occurred due to rash and negligent driving of the 1st respondent vehicle driver only. The Petitioner was aged 38 years and by doing tailoring work, was earning Rs.125 per day. As she suffered concussion in the brain, contussion and lacerated injury 7 x 5 cm in Lower abdomen and multiple abrasion all over the body, she is unable to do her tailoring work. The Petitioner suffered loss of income due to partial permanent disability suffered by her. Hence, she seeks a sum of Rs.1,00,000/- from the respondents, who are the owner and insurer of the vehicle.

(3.) On the other hand, opposing the claim of the Petitioner, by filing counter, the 2nd respondent-Insurance Company contends that the accident did not occur in the manner as alleged by the Petitioner. The compensation claimed by the Petitioner is excessive. The accident did not occur due to rash and negligent driving of the vehicle bearing Reg.No.TTD-410. Hence, the 2nd respondent sought for dismissal of the Petition.