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2009 Supreme(Mad) 3265

N.KIRUBAKARAN
M. Gunasundari – Appellant
Versus
Brills Transports, Nungambakkan & Another – Respondent


Advocates Appeared:
For the Appellant:C. Munusamy, Advocate.
For the Respondents:R2, D. Venugopal, Advocate.

Judgment

1. The fate should not have been so cruel to the girl. However, it was. This is the case of a girl, whose future became crippled and miserable, 12 years old girl who is supposed to lead her life with dreams fun, joy and enjoyment like her friends was crippled because of the accident occurred on 211. 2996. She was riding her bicycle which was hit by an oil tanker lorry belonging to the first respondent herein. As a result, she sustained injuries resulting in amputation of her right leg near hip, dislocation of portion in left leg ankle and knee, severe injuries in the head and internal injuries in chest and stomach. Hence the claim petition was filed to the tune of Rs.11.00 lakhs and the same was resisted by the second respondent-Insurance Company.

2. On appreciation of pleadings and evidence on record, the Tribunal came to the conclusion that the accident occurred because of the negligent driving of the first respondent Oil tanker lorry and considering various aspects and granted a sum of Rs.5,20,000/-. Aggrieved by the quantum of compensation, the present appeal has been preferred by the claimant.

3. Mr. C. Munusamy, learned counsel for the claimant submitted that she was













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