SHRIRAM GENERAL INSURANCE CO. LTD. Vs. RAMESHWARI BAI

JUDGEMENT

(1.) This Miscellaneous Appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 is filed by the appellant/Insurance Company being aggrieved with the award dtd. 29/03/2019 passed by learned Fifth Additional Motor Accident Claims Tribunal, Bhopal in Motor Accident Claim Case No.1001/2017, whereby the learned Tribunal has awarded a sum of Rs.9,17,004.00 (nine lakhs seventeen thousand four) with interest @ 6% per annum from the date of filing of petition till date of realization.

(2.) Brief facts of the case are that on 28/02/2017 at 03:00 p.m. respondent no.1/claimant was returning to her house after attending a marriage function on a motorcycle bearing registration No.MP-05-MQ-5359, which was being driven by respondent No.3 in rash and negligent manner, due to which respondent No.1 fell down from the motorcycle. In the incident respondent No.1 sustained grievous injuries on her head, face and ear. After the accident, respondent No.1 was admitted at Narmada Hospital, Bhopal, where she got stitches in her head. It was alleged that due to the injuries sustained by respondent No.1 in the accident, she remained in coma for a long period. Since, respondent No.1 remained in coma, hence, on 09/05/2017 respondent No.1 through her husband filed a claim petition (MACC No.1001/2017) before the learned Claims Tribunal, Bhopal stating that at the time of incident the offending vehicle bearing registration No.MP-05-MQ-5359 was being driven by respondent No.3, owned by respondent No.2 and insured with appellant. A sum of Rs.8.0010 lakhs has been incurred in the medical expenses. It is stated that prior to the accident, respondent No.1/claimant was healthy and fit and did sewing and embroidery work from her house and earned Rs.300.00 per day from that work. Hence, prayed to award a sum of Rs.37,50,000.00 (thirty seven lakhs fifty thousand) as compensation with interest @ 12%.

(3.) Respondent Nos.2 and 3 have not contested the case before the Claims Tribunal despite the service of notice and they were proceeded ex-parte by the Tribunal.