NEW INDIA ASSURANCE COMPANY LIMITED Vs. TAMILARASI

JUDGEMENT

(1.) The appellant is the New India Assurance Company Limited, Namakkal and they filed the present appeal under Section 173 of the Motor Vehicles Act 1988 questioning their liability and also quantum of compensation awarded by the tribunal.

(2.) The brief case of the claimant is as follows. On 29.05.2006, at about 16.20 hours, the claimant was travelling as a passenger in an Ambassador Car bearing registration No.TN-45-6129, belonging to the first respondent, along Pudupatti Junction Road and the driver of the Ambassador car drove the car rashly and negligently and hit a tree standing on the left hand side of the road, as a result of which, she sustained injuries all over her body. According to the claimant, since the first respondent's car was insured with the 2nd respondent, both of them are jointly and severally liable to pay compensation to the claimant.

(3.) In the trial court, the first respondent remained absent and was set exparte.