(1.) This Civil Miscellaneous Appeal has been preferred as against the judgment and award passed in M.C.O.P.No.341 of 2002 (Sub-Court M.C.O.P.No.76 of 2000) on the file of the Court of Motor Accident Claims Tribunal (Additional District and Sessions Judge/Fast Track Court No.III, Dharapuram, Erode District.
(2.) The brief facts leading to the Claim Application are as follows:-
(3.) The second respondent-Insurance Company in the counter statement has stated that the death did not occur due to the injury sustained by the deceased and further, the documents relating to Death Certificate, Post-Mortem Report were not filed and it is also stated in the counter statement that in the claim petition, the claimants have not mentioned the fact that till the death of the deceased, he was given treatment. The other grounds regarding the claimant is also disputed by the respondent.