DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. KASAMBU

JUDGEMENT

(1.) THE Insurance Company has filed this appeal challenging the award dated 25. 11. 2005 passed in M. C. O. P. No. 11 of 2003 on the file of the Motor Accident Claims Tribunal ( Additional District Judge, FTC-II) Kancheepuram.

(2.) IT is a case of fatal accident. The accident in this case happened on 28. 11. 1995. The deceased Deivanayagam, said to be a 50 years old mason, was riding a cycle on the Cuddalore to Pondicherry main road. He was hit by the tourist bus insured with the appellant. In that accident, he sustained grievous injuries which included fracture of the left femur and injuries to other parts of the body. He was admitted to Government Hospital, Cuddalore on 28. 11. 1995 and treated upto 5. 12. 1995. Thereafter, he was discharged. Again on 2. 1. 1996, he was admitted to hospital and discharged on 26. 2. 1996 and he died on 7. 11. 1996 at home. On his death, the wife aged 50 years, son aged 30 years, two daughters aged 25 years and 23 years respectively filed a claim for a sum of Rs. 4,00,000/- as compensation.

(3.) IN support of the claim, the wife was examined as P. W. 1. One Velu, the eye witness, was examined as P. W. 2 and the Doctor, who attended the deceased on 7. 11. 1996 at the time of his death and issued the death certificate, was examined as P. W. 3. Documents Exs. P1 to P6 were marked. Ex. P1 is the copy of the F. I. R. Ex. P2 is the copy of the M. V. I. Report. Ex. P3 is the accident register, Ex. P4 is the O. P. chit relating to the treatment given at the time of the accident, Ex. P5 is the copy of the judgment in CC No. 316 of 1996 and Ex. P6 is the death certificate.