I PAVITHRA Vs. R ALAN JOY
LAWS(MAD)-2018-9-672
HIGH COURT OF MADRAS
Decided on September 28,2018

I Pavithra Appellant
VERSUS
R Alan Joy Respondents


Referred Judgements :-

NATIONAL INSURANCE CO. LTD VS. PRANAY SETHI AND OTHERS [REFERRED TO]
RAJ KUMAR VS. AJAY KUMAR [REFERRED TO]
KAVITA VS. DEEPAK [REFERRED TO]
GURMEJ SINGH VS. VIJAY KUMAR [REFERRED TO]
V. MEKALA VS. M. MALATHI [REFERRED TO]
NEW INDIA ASSURANCE CO. LTD. VS. K.S. JOTHI ARUMUGAM AND ORS. [REFERRED TO]
SANDEEP KHANUJA VS. ATUL DANDE & ANR. [REFERRED TO]
NATIONAL INSURANCE CO. LTD. VS. RAJA [REFERRED TO]
THE NEW INDIA ASSURANCE CO. LTD. VS. DR. T. RAMACHANDRUDU AND ANOTHER [REFERRED TO]


JUDGEMENT

R.Subramanian, J. - (1.)The challenge in these appeals is to the award of the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai in MCOP.No.4489 of 2013 granting a sum of Rs. 45,52,200/- as compensation for the injuries suffered by the claimant in the motor accident that occurred on 18.10.2012.
(2.)According to the claimant, while she was returning from Thirupattur after attending the marriage of her friend in a Tempo Traveller bearing registration No.TN-75-E-9945 at about 23.30 hours on Karur to Dindugal road near Sengulam, the driver of the tempo traveller drove the vehicle in a rash and negligent manner, hit against the lorry bearing registration No.TN-28-P-4722 causing grievous injuries to the claimant and her friend. Contending that the driver of the tempo traveller was negligent, she claimed that the 2nd respondent Insurance Company as the insurer of the tempo traveller has to compensate her for the injuries as well as permanent disability caused due to the injuries suffered by her in the accident. The claimant sought for a compensation of Rs. 1,00,00,000/- on various heads viz., permanent disability, loss of earning power, medical expenses, future medical expenses etc.,
(3.)The Insurance Company resisted the claim petition contending that it was the rash and negligent driving of the driver of the lorry bearing registration No.TN-28-P-4722 that caused the accident. It is claimed that the tempo traveller was going at the permitted speed on the extreme left side of the road. The Insurance Company also denied the nature of injures, the quantum of permanent disablement as well as the quantum of compensation.


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