B. R. GAVAI, C. T. RAVIKUMAR
Divya – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. Leave Granted.
2. Little was known to the little girl when she was taken in an autorickshaw by her parents about the jinx that she had to face and the consequences which would be lifelong and haunting, both mentally and physically. On 08.08.1998, when the appellant/claimant was a suckling, to be precise aged two years, her parents took her in an autorickshaw bearing registration No. TN-29-0958. When they were travelling from near Vaishnav College, from west to east, a car bearing registration No. TMQ-2266 driven rashly and negligently came from the opposite direction, that too through its off side, dashed against the autorickshaw. She sustained very serious injuries. Taking into account the injuries sustained and its serious consequences, after assessing the compensation at Rs. 60 lakhs, the claimant filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988 (for short ‘MV Act’) limiting the claim of compensation at Rs. 30 lakhs. The Tribunal, on consideration of the evidence on record, held that the driver of the car w
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