NEW INDIA ASSURANCE COMPANY LIMITED Vs. JEYANTHI

JUDGEMENT

(1.) Heard Mr.J.S.Murali, learned counsel appearing for the appellant/Insurance Company and Mr.A.Haja Mohideen, learned counsel appearing on behalf of the respondents 1 to 4 and perused the materials available on record.

(2.) This Civil Miscellaneous Appeal is directed against the award of the Motor Accident Claims Tribunal (Additional District Court), Fast Track Court No.II, Madurai in M.C.O.P.No.76 of 2005, dated 21.4.2008.

(3.) The claim petition was filed by the respondents 1 to 4 herein seeking compensation of Rs.7 lakhs. According to the claimants, On 18.07.2004, the deceased Anbu @ Anbazhagan was returning in a motor cycle from Sathuragiri to Madurai along with a Pillion rider Suralirajan. At that time, an auto belonging to the fifth respondent herein bearing Registration No. TN 67 Q 6238 came in a high speed in a rash and negligent manner and hit against the motor cycle. In the impact, he sustained injuries and immediately, he was admitted in Government Rajaji Hospital at Madurai, where, he took treatment from 18.7.2004 to 28.7.2004. Thereafter, he was shifted to C.T.Hospital on 28.7.2004 and he took treatment till 2.8.2004 and eventually, he succumbed to the injuries on 3.8.2004.