UNITED INDIA INSURANCE CO LTD Vs. PADMAVATHI

JUDGEMENT

(1.) THE insurance company has filed this appeal challenging the award dated 04. 2. 2004 passed in M. C. O. P. No. 118 of 2003 on the file of the Motor Accident Claims Tribunal (Additional District Court and Fast Track Court No. 4) Poonamallee.

(2.) IT is a case of fatal accident. The accident in this case happened on 5. 2. 2003 on the M. T. H. Road near Shaw-wall Company, Avadi. The deceased Rangasami, owner of the provision store said to be 48 years old, was riding a motor cycle when he was hit by a lorry insured with the appellant insurance company and in that accident, he suffered grievous injuries and he was admitted in Ramachandra Medical College Hospital. Subsequently, he took treatment in stanley medical college hospital and he died inspite of treatment. The wife aged 45 years, four daughters aged 24 years, 21 years, 19 years and 14 years respectively and one son aged 22 years are the claimants. They claimed a sum of Rs. 7,00,000/- as compensation under Section 166 of the Motor Vehicles Act.

(3.) IN support of the claim, the wife of the deceased was examined as P. W. 1. One Suyambu, the eye witness, was examined as P. W. 2. Documents Exs. A1 to A5 were marked. Ex. A1 is the copy of the F. I. R. Ex. A2 is the post mortem certificate. Ex. A3 is the legal heirship certificate. Ex. A4 is the medical bills for the treatment taken in Ramachandra medical college hospital. Ex. A5 is the licence to show that the deceased was running the provision store.