ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. SEVANTHAMANI

JUDGEMENT

(1.) The present appeal has been filed against the fair and decreetal order dated 23.11.2015 made in MCOP.No.359 of 2013 on the file of Motor Accident Claims Tribunal (Sub Court), Kulithalai.

(2.) It is the case of the 1st respondent/claimant that on 28.10.2012, when she was walking on the extreme left side of Trichy-Dindigul main road, a Maruthi Alto Car bearing registration No.TN0-45-AU-1077 belonging to the 2nd respondent insured with the appellant, driven by its driver in a rash and negligent manner dashed against her from behind. Due to the impact, the 1st respondent fell down and sustained multiple injuries all over the body including fracture in the right hand below knee, fracture in the left leg below knee, fracture in the right side spinal cord, fracture in the right thigh and severe head injury. Immediately, she was taken to Dr.Kalaiarasan Hospital, Manapparai, and thereafter, she took treatment as inpatient in Vikram Hospital, Madurai, for the period between 28.10.2012 and 18.11.201 It is the claim of the petitioner that she incurred Rs. 3,50,000/- towards medical expenses. She made a claim in MCOP.No.359 of 2013 on the file of Motor Accident Claims Tribunal (Sub Court), Kulithalai, claiming compensation of Rs. 15,00,000/- for the injuries sustained by her in the accident. The appellant filed counter denying the manner of accident contending that without noticing the Car, the injured crossed the road and invited the accident and therefore, the appellant is not liable to pay compensation.

(3.) Considering the oral and documentary evidence on either side, the Tribunal held that the driver of the Car belonging to the 2nd respondent insured with the appellant was responsible for the accident and awarded compensation of Rs. 9,71,200/- with 7.5% interest per annum from the date of petition till the date of deposit. Aggrieved by the said award, the appellant has filed this appeal.