DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD Vs. MINOR DIVYA (MINOR REP BY NEXT FRIEND FATHER KUMAR)

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award and decree dated 28.04.2006 made in MCOP No.1519 of 2004 on the file of the Motor Accidents Claims Tribunal, Principal Sub Judge, Cuddalore.

(2.) The appellant is second respondent on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Cuddalore. The first respondent's father filed the above claim petition claiming a sum of Rs.7,00,000/- as compensation for the injuries sustained by his daughter in the accident that took place on 19.09.2003.

(3.) According to the 1st respondent's father, on 19.09.2003 while her daughter was going to school on her bicycle towards east from Thirukandeswaram to Nellikuppam, a lorry bearing Regn.No.AP 03 V 1633 driven by its driver in a rash and negligent manner, hit against the first respondent's bicycle from behind infront of Sankar Tea Stall, Kudithangi Chavadi, Nellikuppam. At the time of accident, the 1st respondent was aged 14 years and was studying IX standard. Thus, he filed the above claim petition on behalf of her daughter, claiming compensation against the second respondent as well as the appellant.