M. NISHA Vs. GNANAVEL AND ORS.

JUDGEMENT

(1.) Being dissatisfied with the quantum of compensation of Rs.3,34,000.00 awarded by the Tribunal for the injuries sustained by the minor appellant in the accident occurred on 20/12/2010, the appellant has filed the present appeal for enhancement.

(2.) Brief facts are that on 20/12/2010 at about 7.30 A.M., when the minor appellant was travelling in the 3rd respondent's van bearing registration No.TN-31 9788 on Chidambaram-Cuddalore road, the driver of the van stopped the van at Semmankuppam near Muniappar koil to board a girl into the van. At that time, the 1 st respondent's van bearing registration No.TN-21 AV 0046 came in the opposite direction at a very high speed in a rash and negligent manner without making horn, dashed against the appellant van. Due to the impact, the minor appellant sustained fractures and also multiple injuries all over the body. Immediately, she was admitted in Government Headquarters Hospital, Cuddalore where from she was taken to Pondicherry and admitted in PIMS Hospital for better treatment, where surgery was performed. Stating that the accident occurred due to the rash and negligent driving of the driver of the 1st respondent's van, the appellant has filed claim petition claiming compensation of Rs.15,00,000.00.

(3.) Resisting the claim petition, the second respondent, insurer of the van bearing registration No.TN-21 AV 0046, filed counter stating that the accident was not happened due to rash and negligence on the part of the 1st respondent's vehicle's driver and in fact, the accident occurred only due to rash and negligence on the part of the driver of the appellant travelled van. It is stated that at the time of accident the driver of the 1st respondent's van had no valid and effective driving licence to drive the vehicle. The second respondent also denied the nature of injuries sustained by the appellant and prayed for dismissal of the petition.