POONUKANNU Vs. P SEKAR

JUDGEMENT

(1.) THE appeal is preferred by the appellant/claimant against the award dated 06.12.2001 made in MCOP No.335 of 1999 by the Motor Accident Claims Tribunal, Additional District Judge-cum-Chief Judicial Magistrate, Cuddalore.

(2.) BACKGROUND facts in a nutshell are as follows: The deceased-Ayyasamy met with motor vehicle accident that took place on 18.06.1993 at about 1.15 hours. While the deceased was travelling as a passenger in the third respondent-Transport Corporation bus bearing Regn.No.TN 49-N 0414, the lorry bearing registration No.TN-31-8569, which came in an opposite direction in a rash and negligent manner, hit against the rear portion of the bus, where the deceased was seated. As a result of which, the right hand of the claimant was cut off and immediately, he was admitted in Government Head Quarters Hospital, Cuddalore and later referred to Thanjavur Medical Hospital. The injured died due to formation of septicaemia after the period of one year and two months. Originally he claimed a sum of Rs.7,00,000/- as compensation before the Tribunal. After the death, the claimants claimed comepnsation. The claimants are wife, two sons and two daughters. The second respondent-Insurance Company and the third respondent-Transport Corporation resisted their claim. On pleadings the Tribunal has framed the following issues:-

(3.) LEARNED counsel appearing for the second respondent/ Insurance Company as well as the third respondent-Transport Corporation submitted that the Tribunal had considered all the relevant materials and evidence on record and came to the right conclusion and awarded a just, fair and reasonable compensation. Hence the order of the Tribunal is in accordance with law and the same has to be confirmed.