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.
4. There is no dispute with regard to the accident. The finding of negligence on the part of the driver of the bus, who drove the vehicle in a rash and negligent manner and caused the accident and the liability of the insurance company to compensate the claimants is not disputed and such finding of the Tribunal is confirmed.
5. The Tribunal in this case fixed the contribution to the family at Rs.1,000/-p.m. and based on appropriate multiplier granted a sum of Rs.60,000/- towards loss of pecuniary benefits. The Tribunal granted compensation on conventional heads. In all, the Tribunal granted the following amount as compensation with interest at the rate of 9% p.a. Sl.No.
Head Amount granted by the Tribunal 1 Loss of pecuniary benefits Rs. 60,000/-
Loss of love and affection Rs. 20,000/-
Funeral expenses Rs. 5,000/-
Total Rs. 85,000/-
6. The quantum of compensation is not in dispute. The only contention raised by the learned counsel for the appellant is that the deceased died a few days short of one year from the date of the accident. Therefore, the cause of death cannot be attributed to the accident. This Court on going through the evidence on record, particularly, Ex.A6, the death certificate issued by the Doctor, who clearly stated that the death of the deceased is due to septicemia and also taking into consideration the age and occupation of the deceased, who suffered serious injuries to the leg and treated for some times in the hospital, it is quite possible that the death was consequent to the injuries suffered in the accident, which happened on 28.11.1995. It is not disputed that the deceased is an uneducated person and the family as well.
7. Considering all these aspects, the medical records including the evidence of the Doctor, P.W.3, this Court has no hesitation to come to the conclusion that the finding of the Tribunal that the death was due to the accident is justified and does not require any interference of this Court.
8. Finding no merits, the civil miscellaneous appeal is dismissed. Consequently, M.P.No. 1 of 2009 is also dismissed. No costs.
Learned counsel for the appellant seeks eight weeks time to deposit the award amount and the same is allowed. On such deposit, the claimants are permitted to withdraw the amount as per the order of the Tribunal.
ra To The Motor Accident Claims Tribunal, ( Additional District Judge, FTC-II), Kancheepuram