The medical evidence and eyewitness testimony were crucial in establishing the belated death consequent to the accident and the negligence of the motorcyclist, influencing the court's decision.

1. The National Insurance Company is on appeal challenging the award dated 7.3.2002 passed in M.C.O.P.No.187 of 1994 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Coimbatore.

2. It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 5.10.1991. One Rathinam alias Rathinabai, wife of K.P.Kuppusamy, 50 years old agriculturist was walking on the Gandhipuram Cross Cut Road. She was hit by a motorcycle driven by the third respondent, owned by the fourth respondent and insured with the appellant. In that accident, she suffered grievous head injury. She was taken to Ellen Hospital and surgery was done to the head region. It is stated that she could not regain her conscious even after operation. She was kept in Intensive Care Unit from 6.10.1991 to 22.4.1992. A claim petition claiming compensation in a sum of Rs.7,00,000/- was filed by the injured claimant represented by next friend and husband K.P.Kuppusamy in view of the serious health condition of the injured. Thereafter, the injured died on 4.11.1997 and the claim was amended. Consequent to the death, the legal heirs of the deceased Rathinam alias Rathinabai prosecuted the claim.

3. In support of the claim, the husband of the deceased was examined as P.W.1. One Mr.K.G.Ramaraj, the eye witness to the accident, was examined as P.W.2. Dr.Narayanamoorthy, Dr.Manohar and Dr.S.Rajasekaran, were examined as P.Ws.3 to

5. Exs.A-1 to A-25 were marked on behalf of the claimants, the details of which as mentioned in the award of the Tribunal are as follows:-

Ex.A-1 is the vakalat and affidavit,

Ex.A-2 is the copy of criminal court judgment,

Ex.A-3 series are the medical receipts,

Ex.A-4 is the receipt dated 18.6.1992 for purchasing air bed,

Exs.A-5 to A-10 are the receipts for medical expenses,

Ex.A-11 is the letter to purchase Kavintone tablets from Singapore,

Ex.A-12 series are the receipts for medical expenses,

Ex.A-13 is the X-Ray,

Ex.A-14 is the receipt issued by Alwin Power System,

Ex.A-15 is the certificate issued by Salicka Naickenpalayam Village Administrative Officer,

Ex.A-16 is the copy of FIR,

Ex.A-17 is the X-Ray,

Ex.A-18 is the Report issued by Kovai Scan Centre

Ex.A-19 is the X-Ray,

Ex.A-20 is the Report issued by Sri Ramakrishna Hospital,

Ex.A-21 is the discharge summary issued by Ellen Hospital,

Ex.A-22 is the certificate issued by Ellen Hospital,

Ex.A-23 (not typed in the award)

Ex.A-24 is the medical certificate issued by Dr.D.Manohar and

Ex.A-25 is the wound certificate issued by the Ellen Hospital.

On behalf of the appellant, the third respondent before the Tribunal no oral or documentary evidence was let in.

4. The documentary evidence marked before the Tribunal clearly revealed that the injured claimant who died subsequently suffered grievous injuries on her head. From the evidence, it could be seen that the injured was living without consciousness and died in the year 1997. The prolonged medical treatment proved futile and that is evident from the medical records produced. P.W.3, Dr.Narayanamoorthy in his evidence stated that the disability is 100%. The injured person totally lost the ability to move her hands or legs. She has no sensory perception. The medical records clearly established the case of the injured claimant suffering grievous injuries resulting in total loss of memory and sense. This could be akin to what is called as brain death. Claimants have expended substantial amount for medical treatment for which a sum of Rs.2,30,000/-was granted by the Tribunal. The balance amount is towards compensation under various heads on which there appears to be no serious dispute. In all, the Tribunal granted the following amounts as compensation with 9% interest as follows:-

Sl.No. Head Amount granted by the Tribunal 1 Medical expenses expended by the husband of the deceased Rs.2,30,500/-2 Loss of pecuniary benefits to the dependents of the deceased (Rs.30,0