JUDGMENT :

Abdul Quddhose, J.

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 10.01.2019 made in M.C.O.P.No.149 of 2014 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi.)

1. The instant appeal has been filed by the Insurance Company challenging the Judgment and decree dated 10.01.2019 passed by the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi in MCOP.No. 149 of 2014.

Brief facts leading to the filing of the instant appeal:

2. A lorry bearing registration No.TN70-D-8632 which was owned by the second respondent and insured with the Appellant collided with a car bearing registration No.TN07-AY-5799 on 01.09.2014 causing grievous injuries to the first respondent who was travelling in the car along with her mother and father and proceeding in the Ambur -Vaniyambadi direction. The first respondent preferred a motor accident claim before the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi in MCOP.No. 149 of 2014 for the injuries sustained by her as a result of an accident caused by the lorry which was owned by the second respondent and insured with the Appellant. The injuries sustained by the first respondent included the right forearm fracture, D11-D12 Flexion Distraction Injury, D12 L1 Complete Paraplegia Fracture and injuries all over the body.

3. By an award dated 10.01.2019 in MCOP.No.149 of 2014, the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi after giving a finding that the accident happened only due to the rash and negligent driving by the driver of the lorry bearing registration No.TN70-D-8632, directed the Appellant-Insurance Company to pay compensation to the first respondent as detailed below:

4. Aggrieved by the award dated 10.01.2019 passed by the Motor Accident Claims Tribunal, Subordinate Judge, Vaniyambadi in MCOP.No. 149 of 2014, the insurance company which has insured the lorry has filed this instant appeal.

5. Heard Mr.S.Arun Kumar, learned counsel appearing for the Appellant-Insurance Company.

Discussion:

6. The impugned award is challenged by the Appellant on the ground that the Tribunal has awarded excessive compensation to the first respondent. According to the Appellant, the first respondent has not sustained 100% permanent disability or loss of earning power and the Tribunal erred in awarding Rs.3,00,000/- towards Attender Charges, Rs.1,00,000/- towards loss of Amenities, Rs.6,56,067/- towards Medical Expenses without any basis for the same.

7. This Court has perused and examined the impugned award and the materials available on record.

8. Before the Tribunal, the first respondent has filed 15 documents which were marked as Ex.P1 to Ex.P15 and two witnesses viz., PW1 -the first respondent herself and PW2 - an eye-witness. On the side of the Appellant, no witnesses or documentary evidence was produced before the Tribunal.

9. Ex.P1 is the FIR which clearly indicates that only due to the rash and negligent driving by the driver of the lorry, the accident had happened which resulted in the injuries sustained by the first respondent. No contra evidence has been produced by the Appellant to disprove the same. The Tribunal has rightly given a finding that only due to the rash and negligent driving by the driver of the lorry, the accident had happened which resulted in the grievous injuries sustained by the first respondent. Further, in the instant