NEW INDIA ASSURANCE CO LTD Vs. KRISHNAVENI

JUDGEMENT

(1.) IT is stated in the claim petition that on 14.3.2000 at about 10.00 a.m. while the petitioner was walking on her left side of Kurinjipodi main Road, first respondent's vehicle bearing Registration No.TN -31 -A -0853 came behind her in a rash and negligent manner dashed against the petitioner, by means of which she sustained grievous injuries and multiple fractures all over her body and head. She was pregnant by nine month at the time of accident. She was admitted to the Government Hospital at Cuddalore and thereafter referred to JIPMER Hospital, Pondicherry for further treatment. Due to the accident the child in the womb aged 9 month died. She was running dry cleaner's shop and was earning Rs.10,000/ - per month. Hence, a sum of Rs.10 lakhs is claimed as compensation.

(2.) IN the counter filed by the respondent, it is stated that the fitness certificate, possession of valid driving licence of the first respondent and the insurance with the second respondent are denied. Age, income and avocation of the petitioner are also refuted. The amount claimed is high. since the accident took place due to the negligence on the part of the petitioner there is no need to pay compensation. Hence, the petition has to be dismissed.

(3.) INSOFAR as the quantum of compensation as fixed by the Tribunal is concerned, the learned counsel for the appellant would assail it very much by stating that it is on the higher side. The bottom line contention of the learned counsel for the appellant is that the multiplier method is not acceptable in this case and there is no evidence to show that the claimant has been disabled from attending to her avocation viz., maintaining the dry cleaners shop.