NEW INDIA ASSURANCE CO LTD Vs. J CHITRA

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / New India Assurance Company Limited, against the award and decree dated 22.03.2006 made in M.C.O.P.No.499 of 2003 on the file of the Motor Accidents Claims Tribunal, Additional District Sessions Court, Coimbatore.

(2.) THE short facts of the case are as follows: On 08.04.2003, the deceased Jayachandran was travelling in an Ambassador Car bearing Registration No.TDC 5688, along with his friends, while proceeding on the Dharapuram to Palani Main Road, when at that time, the driver of the Car lost his control and dashed the vehicle against a tree, resulting the deceased had sustained grievous injuries, subsequently he had undergone treatment for a lengthy period, however, he succumbed to his injuries. Hence the legal heirs have filed a claim petition against the respondents for a sum of Rs.37,00,000/- with interest.

(3.) PW1 had stated that on 08.04.2003, her husband- Jayachandran had travelled with others in an Ambassador Car bearing Registration No.TDC 5688, on the Palani-Dharapuram Road and at that point of time the car met with an accident, resulting he had sustained grievous injuries on his skull and all over his body. Immediately, he was taken to the Ramakrishna Hospital, Coimbatore, wherein he had undergone treatment for more than four months. During the medical treatment period, he was in a state of Coma, thereafter, he expired on 25.02.2005. She had spent Rs.2,16,100/- towards medical expenses. She further stated that other claimants are the daughter and son of the deceased. In order to prove the accident and medical expenses, she had marked 19 exhibits and 4 witnesses had been examined. The marked important documents are as follows:- First Information Report, Sketch, Death Certificate, Postmortem report, Legal-heir certificate, medical records and medical bills.