UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAJAVALLI

JUDGEMENT

(1.) THE appellant/second respondent has filed this civil miscellaneous appeal against the judgment and decree dated 16.09.2003 passed in MCOP No,328 of 2002 by the Motor Accident Claims Tribunal/Subordinate Court, Chidambaram awarding a compensation of a sum of Rs.1,50,000/- together with interest at the rate of 9% per annum from the date of filing the claim petition till the date of payment of compensation.

(2.) THE short facts of the case are as follows THE first and second claimants daughter namely Sabornisha, aged about 1 1/2 years, was playing in front of her house at the extreme side of the street. THE first respondent's car bearing registration No.TN-32-B-3148 was standing on the opposite side of the house of the petitioner. THE child was playing near the car. Without noticing the child, the driver of the car, drove the car and dashed against the child. THE child sustained grievous injuries and died on the spot. THE claimants further submitted that due to the careless and negligent act of the driver of the first respondent, the accident happened. THE first respondent is the owner of the car which is insured with the second respondent/United India Insurance Company Limited. As such, both the respondents are jointly and severally liable to pay compensation to the petitioners. THE petitioners have claimed a compensation of Rs.3,00,000/- against the respondents for their mental suffering, loss of love and affection etc.,

(3.) THE Motor Accident Claims Tribunal has framed two issues namely 1) Whether the accident happened due to negligence of the first respondent driver and 2) If so, what is the quantum of compensation to the claimants?