NATIONAL INSURANCE CO LTD Vs. SUBBULAKSHMI

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 18.01.2005, made in M.C.O.P.No.634 of 2003, on the file of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.5, Coimbatore at Tiruppur, awarding a compensation of Rs.4,39,901/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/second respondent, The National Insurance Co., Ltd., Tiruppur has filed the above appeal praying to scale down the compensation amount granted by the Tribunal.

(3.) The short facts of the case are as follows: On 18.05.2003, at about 17.30 hours, the petitioner was travelling on a TVS50 motorcycle bearing registration No.TN39 Q9735. At that time, one Yamaha motorcycle bearing registration No.TN39 M8327, came at a high speed and in a rash and negligent manner, dashed against the petitioner, as a resulting of which the petitioner was thrown down on the ground and she sustained grievous injuries. Immediately, she was taken to the Palladam Private Hospital for preliminary treatment, thereafter she was rushed to the Ganga Hospital, Coimbatore. The petitioner further stated that the said accident was registered by the Palladam Police Station in Crime No.265/2003. At the time of the said accident she was 24 years she was pursuing the profession of a tailor. Her earning was Rs.5,000/- per month. She further stated that the accident had happened due to the rash and negligent riding by the motorcyclist. As such, the owner of the motorcycle and the Insurance Company are jointly liable to pay a sum of Rs.5,00,000/- with interest and costs, which was claimed by the claimant.