HDFC ERGO GENERAL INSURANCE Vs. SUGASINI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance Company aggrieved by the quantum awarded by the Tribunal to the first and second respondents herein.

(2.) One Sugasini filed a claim petition before the Motor Accident Claims Tribunal, Sub-ordinate Judge Court, Vaniyambadi in M.C.O.P.No.119 of 2015 stating that on 28/2/2015 at about 07.45 pm in front of Tab India Company on the Krishnagiri to Hosur National Highway, the lorry bearing Reg.No.TN-04-AF-7024 belonging to the third respondent herein was driven by the driver in a rash and negligent manner and he entered the National Highways without taking due care and caution and collided with the two wheeler bearing Reg.No.TN-23-BZ-2394, in which the said Sugasini was riding pillion. Due to the said collusion, the said Sugasini suffered severe head injuries and body injuries. She was admitted initially at Hospital in Hosur and thereafter, shifted to Narayani Hospital, Vellore. She was taking treatment till 1/4/2015. She become permanently disabled and hence, she claimed a compensation of Rs.20,00,000.00. During the pendency of the petition, the said Sugasini died on 6/7/2015. Hence, the first and second respondents herein being the parents of the deceased Sugasini filed an amendment petition impleading themselves as claimants in their capacity as legal heirs of the deceased.

(3.) The appellant filed a counter interalia denying all the averments made in the petition filed by the first and second respondents. The appellant submitted that the first and second respondents had not established that the deceased died due to the injuries sustained in the accident. They had not conducted Post Mortem. The first and second respondents have not established that the deceased was taking continuous treatment and she died due to the injuries sustained in the accident. The driver of the lorry had violated the policy condition since he has not possessed a valid driving license. In fact, the discharge summary produced by the respondent show that the deceased was stable, when she was discharged.