NEW INDIA ASSURANCE COMPANY LTD Vs. SEEMA GANDHI

JUDGEMENT

(1.) THE appellant -New India Assurance Company Ltd., has challenged the award dated 19.11.2013, whereby the Motor Accidents Claims Tribunal, Chandigarh (hereinafter to be referred as 'the Tribunal') awarded compensation of Rs. 1,09,000/ - along with interest @ 7 % from the date of application till the date of realization against the driver, owner and the appellant -Insurance Company.

(2.) BRIEF facts relevant for the purpose of decision the present appeal that on 14.10.2011 at about 11.00 AM, claimant Seema Gandhi was going on Honda Activa bearing registration No.CH -03 -Q -1309 and when she reached near House No.3062, Sector 20 -D, Chandigarh, a Honda City car bearing registration No.CH -03 -F -4767, which was driven by respondent No.1 in a rash and negligent manner hit the Honda Activa scooter of the claimant. Resultantly, the claimant fell down on the road and sustained injuries. She was taken to the Inscol Hospital and then to Government Medical College and Hospital, Sector 32, Chandigarh.

(3.) CLAIMANT was of the age of 47 years and was self employed and earning Rs.20,000/ - per month. As per the claimant, because of the disability in this accident, she became permanent disable, resulting into loss of earning capacity and additional expenses on medical conveyance and special diet etc. and claimed compensation to the tune of Rs. 10 lacs.