SANTHA DEVI Vs. M.SELVAM

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.1,50,000/- awarded by the Tribunal, the appellant has filed the present appeal seeking enhancement of the compensation.

(2.) Brief facts are that on 21.8.2004 at about 8.40 hours, the appellant was riding her TVS Scooty bearing registration No.TN-28 D 0789 on the extreme left side of Karur-Namakkal NH 7 road and while nearing Thavuttupalayam Check Post, a car bearing registration No.TN-55 B 5679 driven by its driver in a rash and negligent manner dashed against the appellant. Due to the impact, the appellant sustained multiple fracture and also injuries all over the body. Immediately, after the accident, she was admitted in R.K.Hospital, Namakkal, where from she was taken to Madurai Institute of Orthopedics and Traumatology, Madurai, where she had taken treatment as inpatient. Regarding the accident a criminal case in Crime No.395 of 2004 under Section 279 and 338 IPC was registered against the driver of the car. At the time of accident, the appellant was aged 41 years and was employing as Assistant Surgeon in Government Hospital, Velayuthampalayam and also a private consultancy and was earning Rs.30,000/- per month. Stating that the accident occurred due to rash and negligent driving of the driver of the car, the appellant has filed the claim petition claiming compensation of Rs.20,00,000/-.

(3.) Resisting the claim petition, the first respondent filed counter stating that the accident occurred due to rash and negligent riding of the appellant. At the time of accident, the car was insured with the second respondent and that the second respondent alone to pay the compensation, if any to the appellant. The first respondent also denied the age, occupation and monthly income of the appellant and also stated that the total compensation claimed by the appellant is excessive.