ORIENTAL INSURANCE COMPANY LIMITED Vs. UNNAMALAI

JUDGEMENT

(1.) This Civil Miscellaneous Petition has been filed against the judgment and decree made in M.C.O.P.No.53 of 2011, dated 29.10.2013, on the file of the Motor Accidents Claims Tribunal cum Sub Judge, Aruppukottai.

(2.) The claim application was filed by the claimant claiming compensation for a sum of Rs.5,00,000/- for the injuries sustained by her. On 31.12.2010, at about 04.30.pm., while she was returning her duty from east to west, the vehicle, viz., tractor bearing registration No.TN-58B-6304, which was driven by the second respondent with rash and negligent manner and hit the claimant, for which she sustained injuries. Immediately, she was taken to hospital and she was treated as an in-patient from 31.12.2010 to 23.02.2011 and the claimant had undergone surgery. At the time of accident, she was working as a Coolie and was earning a sum of Rs.5,000/- per month. Hence, the claimant filed a claim petition in M.C.O.P.No.53 of 2011, before the Motor Accident Claims Tribunal cum Sub Judge, Aruppukottai.

(3.) The Tribunal after analyzing the evidence and documents available on records, had given a finding that the accident had occurred only due to the rash and negligent driving on the part of the second respondent, who is the driver of the Tractor, which is insured with the appellant/Insurance Company and the appellant has to pay the compensation to the claimant. Accordingly, the Tribunal awarded a sum of Rs.4,15,500/- on various heads.