NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANNALAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is preferred against order passed in MCOP No.696 of 2012, dtd. 03/12/2012 by the Motor Accident Claims Tribunal (Fourth Additional District Court), Tirunelveli.

(2.) The brief case of the claimant are as follows:- On 23/02/2009 at about 02.00 p.m., the deceased was driving a Toyota Qualis Car bearing registration No.TN-39-S-8484 belonging to the 1st respondent, insured with the 2nd respondent from Chettikurichi to Kovilpatti. When the vehicle was proceeding on the Sankarankoil-Kovilpatti Main Road, it capsized and met with an accident, as a result of which, the deceased sustained serious injuries. Immediately, after the occurrence, he was taken to the Tirunelveli Medical College Hospital at Palayamkottai, where he later succumbed to the injuries.

(3.) Over the occurrence, a case in Crime No.58 of 2009 was registered by the Manoor Police for the offences under Ss. 279, 337, 338 @ 304-A IPC and the case was pending before the Judicial Magistrate No.5, Tirunelveli and subsequently, referred.